Immediate Divorce

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    • #1846
      Archives
      Participant

      Question: If a husband abandons the marital bed, sleeps downstairs since June 16, 2013 hasn’t had intimate relations with wife since then, can the wife get an immediate divorce after 6 years of having lived without any affection/sex? Testosterone test proved husband didn’t have problems.Thanks in advance,Sum

    • #2024
      Bassmaster
      Participant

      The test is whether a married couple has “lived separate and apart” for the required separation period.Although we have seen judges (mostly when these laws were new) stretch the point to an extent, it is far safer, not to mention legally correct, to be physically separated and under different roofs. The issue is whether you were living together as man and wife, not whether there were any sexual relations -although, admittedly, that is a component of living together as man and wife.The bottom line is that it is not worth the risk of having to start all over again with the resulting expense in time and money if the separation period is disputed.

    • #2025
      Archives
      Participant

      Couple has prenup, each responsible for his/her own expenses, wife only stayed there due to medical insurance. They never went anywhere together, each to his own church, etc., no “couple” thing what-so-ever. Man was brutally mentally abusive and demeaned woman to no extent. He used the medical insurance to keep her cleaning, cooking, etc., till she was so humiliated in front of one of his friends that she walked out.Day of moving out, husband was sitting across from his friend at a breakfast table and wife was 5 feet from them and had her back to them as she prepared to bathe her little dog. Husband was talking to his friend about having done some plumbing the day before. Wife innocently turned and asked if he had fixed the pipe in the laundry room. He turned white as if in shock that she’d have the nerve to question him and said to her, “JUST TURN AROUND AND WASH THE DOG!!!”This is the way he normally talks to her but this time it was in front someone and more than she could take. She then and there decided if it wasn’t for him, she might not need a doctor so she said to h*ll with medical insurance and left him that same day.Any grounds there?Thanks!Sum

    • #2026
      Lex
      Participant

      Since we have no-fault divorce, then fault for the purposes of getting divorce is usually irrelevant.However, fault is extremely important if she will be seeking spousal support. To get permanent spousal support (alimony) you have to be free from fault. The only exception is temporary spousal support.So, in a fight for permanent spousal support he would typically claim abandonment while she would claim abuse as the cause for her leaving.

    • #2027
      Archives
      Participant

      Nope, no alimony requested. Just want to get rid of spouse and reclaim maiden name.Thank you for the replies. You folks are GREAT!Sum

    • #2028
      richard johnson
      Participant

      The test is whether a married couple has “lived separate and apart” for the required separation period.Although we have seen judges (mostly when these laws were new) stretch the point to an extent, it is far safer, not to mention legally correct, to be physically separated and under different roofs. The issue is whether you were living together as man and wife, not whether there were any sexual relations -although, admittedly, that is a component of living together as man and wife.The bottom line is that it is not worth the risk of having to start all over again with the resulting expense in time and money if the separation period is disputed.

      I totally agree with you as this is important that husband and wife are living in a home under one roof, no matter they are living in separate rooms and not having sex.

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