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Legal Separation

Legal Separation Attorney

“Should I Stay or Should I Go?”

Darlin’ you got to let me know
Should I stay or should I go?
If you say that you are mine
I’ll be here ’til the end of time
So you got to let me know
Should I stay or should I go?

It’s always tease tease tease
You’re happy when I’m on my knees
One day is fine and next is black
So if you want me off your back
Well come on an’ let me know
Should I Stay or should I go?

Should I stay or should I go now?
Should I stay or should I go now?
If I go there will be trouble
An’ if I stay it will be double
So come on and let me know

This indecision’s buggin’ me (Indecisión me molesta)
If you don’t want me, set me free (Si no me quieres, librame)
Exactly whom I’m supposed to be (Dime! ¿Qué tengo ser?)
Don’t you know which clothes even fit me? (¿Sabes que ropa me quedar?)
Come on and let me know (Pero tienes que decir)
Should I cool it or should I blow? (¿Me debo ir o quedarme?)

Written by Joe Strummer, Mick Jones | Copyright Universal Music Publishing Group

The Clash had it right in 2004 with “Should I Stay or Should I Go.” That is the most frequently asked question with separation and divorce. It is difficult to answer because it requires consideration of emotional, financial, legal and health/safety issues.

When should I go?

The most clear-cut situation when leaving is the best option is when you or your children’s physical health or safety is at risk. You may need to relocate yourself and your children to a shelter, to a hotel, to a friend or relative’s house, at least temporarily. Do not leave without the children if your ultimate goal is to have their physical custody. Another option that may be available in this situation is to obtain a protective order. This may lead to the offending person being removed from the house. This is not always the best option however, and should be done only after consideration of all the consequences.

Aren’t there consequences if I go?

Many people report that they are afraid to leave because they may be accused of desertion or abandonment. This would give the other person grounds for divorce. But usually divorce is what you want too! Also, it is only desertion if you leave without just cause.

Others report that they don’t leave because they are afraid it will mean they are giving up the house. This is incorrect! It may lead, however, to the other person living in the house until the final divorce hearing. This could also mean they stop paying the mortgage or damage the house.

Since Virginia requires a separation period for divorce, leaving the house can affect whether a divorce will even be granted. While you can live separate and apart under the same roof, you must have an adult witness to verify that there has been a true separation. The witness can’t be either of the parties.

So should I stay or should I go?

The bottom line is that there is no “one size fits all” answer to the question of whether to stay or go. The answer requires a weighing of the pros and cons. You should discuss your situation with a family lawyer before making any final decision.

Contact Commander Law today to schedule your consultation!

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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