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pepitox22
Jan 4, 2009, 10:57 AM
Hello I am currently active duty military. I have been married for seven years now my wife has never kept a steady job complaning that she wasn't feeling well or that she could not stand her coworkers. I am tired of this and seeking to get divorce. I had to get a part time job to pay off debts. We do not have kids or assets together only debts. I am currently station in Maryland she went to stay in Nebraska with relatives she decided to move out because we were sleeping in separate rooms but now she is giving me a hard time she is thinking about filing for spousel abondonment and is seeking to get alimony. We have not started a legal separation and she is still using her debit card from our joint account wich I am the provider. She is 29 yrs old has high school diploma and some college. My question is is she entitled to alimony and to half of everything in the house. And how about a (9000.00) repo dept.

JudyKayTee
Jan 4, 2009, 01:57 PM
Hello I am currently active duty military. I have been married for seven years now my wife has never kept a steady job complaning that she wasnt feeling well or that she could not stand her coworkers. I am tired of this and seeking to get divorce. I had to get a part time job to pay off debts. We do not have kids or assets together only debts. I am currently station in Maryland she went to stay in Nebraska with relatives she decided to move out beacuse we were sleeping in separate rooms but now she is giving me a hard time she is thinking about filing for spousel abondonment and is seeking to get alimony. we have not started a legal separation and she is still using her debit card from our joint account wich i am the provider. She is 29 yrs old has high school diploma and some college. My question is is she entitled to alimony and to half of everything in the house. and how about a (9000.00) repo dept.


Your last marital residence is Maryland so here's the law for Maryland. The Court will divide your property and debts and set spousal part for a period. If you are primary on the credit card cancel it. Because your wife has not kept a steady job in 7 years the Court is not going to simply leave her without the financial means to support herself.

Here's Maryland law:

"What is a "legal separation"?
In Maryland, whether or not a couple is separated is a question of fact. If husband and wife are not having sexual relations and are not sleeping under the same roof (in the same residence), then they are separated. People usually use the phrase "legal separation" to mean that they have signed a contract, called a separation agreement, which settles all of their marital property rights, alimony claims, and other issues-but they have not yet obtained a divorce.
Is there a waiting period for a divorce in Maryland?
In order to obtain an absolute divorce (which is the legal term for a "real divorce") in Maryland, unless the divorce is based on adultery or cruelty, the parties must have been separated for at least 1 year. However, no one should wait a year after separating to file for a divorce because court dockets are clogged and it will take most of that time to get a court date. In order to "get in line" for a court date, many parties file for a "limited divorce," a holdover from yesteryear which today serves two functions: getting temporary support and getting in line for an absolute divorce.
Are "irreconcilable differences" grounds for divorce?
Not exactly. Maryland law nowhere lists "irreconcilable differences" as grounds for divorce. However, conduct which many couples describe as "irreconcilable differences" may fit into one of the other grounds for divorce discussed below.
Is a "no-fault" divorce possible?
Under Maryland law, there are two kinds of "no-fault" divorce. After 1 year of mutual and voluntary separation, with no hope or expectation of reconciliation, either party can obtain an absolute divorce. "Mutual and voluntary" means that both parties agreed to separate, that they did so without any coercion or threat, and that they intended to end their marriage. After 2 years of separation for any reason, either spouse can obtain an absolute divorce. (Even a philandering and abusive spouse who stays away for 2 years is entitled to a divorce.)

DivorceNet - Maryland Divorce FAQs (http://www.divorcenet.com/states/maryland/mdfaq_03)

cdad
Jan 4, 2009, 02:47 PM
Yeah what Judy said.. lol and you might want to do some research here.

Section of Family Law: Military Committee (http://www.abanet.org/dch/committee.cfm?com=FL115277)

This is for military personel