Divorce

In Divorce, is there an advantage to staying in the communal home?

One of the advantages of staying in the communal home is that the courts favor keeping the children in the communal home.  If there are no children, it's not as important to stay in the home. continue reading...

What is the Separation Date?

Many people are confused as to the meaning of the 'date of separation'.  This is a very important date.  It is easy to determine this date if you physically separated at a certain time and lived at different addresses and if both spouses agree as to the date of separation.  The problem occurs when you live in the same residence but no longer as 'husband & wife'.  When exactly did this occur?  Spouses may have differing ideas as to this exact date.  The 'date of separation' can become very important when spousal support a continue reading...

Can I be Legally Separated even if we still live in the same house?

You can still live in the same home even if you wish to file for legal separation or divorce!  Technically, you are separated when you no longer live together as husband and wife.  If you are living in the same home but you sleep in different rooms, you are still separated.  Many people cannot afford to live in different homes so they may opt to live in the same home for a period of time--but still live separately.  The date of separation is very important and both parties should agree as to the date.

Can I divorce my spouse if she is not of 'sound mind'?

If your spouse is incapacitated or not of 'sound mind', he/she would need a conservator in order for you to initiate divorce proceedings.  Usually a family member will agree to be a conservator over the spouse.  This can occur if the spouse  has dementia or alzheimer's disease and therefore cannot enter into a legal contract such as divorce.  The conservator would represent the best interests of your spouse.

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