Can we permanently separate or do we need a divorce?

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Question:

Is there a quick and easy way to get a legal separation? My husband and I have no children and no assets. I support him totally and he is not able to move out because he has nowhere to go.

Answer:

Unless you have a reason not to get divorced, you should be considering a divorce rather than a separation. (See Separation vs. Divorce to learn about legal separation.) Divorce truly frees you to go on with your life, and in many states there are simplified divorce procedures (often called "summary divorce" or "simple divorce") for people with no kids and few assets or debts, who haven't been married long. You can file the papers posthaste and accomplish the entire divorce by mail, without having to appear in court. Check your state's laws or ask a lawyer whether a summary divorce is available.

If you can't get your husband out of the house, though, you might need to file a regular divorce action so that you can go to court and get an order for him to move out. See Temporary Orders in Family Court to learn about how you can get a court to make a decision about who gets to keep living in the house.

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