Wednesday, October 06, 2010

Living Separate In a Maryland Divorce

Several people have called me in the past weeks asking whether they could file for a divorce against their spouse while they are still living under the same roof. Each has explained to me the financial difficulty of moving. You will find that Maryland has a public policy interest in people being married and remaining married. As such, absent the grounds of divorce of adultery and excessively vicious conduct, Maryland law does require that the parties remain separate and apart for one entire year plus a day before they are eligible to file a complaint for an absolute divorce. It is possible to file a complaint for a limited divorce under constructive desertion while you are still living together with your spouse. This is only necessary to do if you have issues of custody or child support or alimony. Also just to mention it is not necessary to file papers with the court to prove that you are separated. You simply no longer live with your spouse and you are legally separated for purposes of divorce in Maryland.

If you have questions on any issues regarding a divorce in Maryland please feel free to call me at 1-888-760-7339. I am happy to answer your questions for you over the phone at no cost to you.

1 comment:

Anonymous said...

I have long been an advocate of the family law. Jacksonville Fl, where I live, also comes with custody and divorce issues like any other state. A friend's case is similar to the one you have posted. They are still living in one roof because of their child. However, as advised by divorce lawyers (Jacksonville ,Fl-based), their divorce will only be filed if they are already separated. My friends are still in talks, and I do hope they can still save their marriage for Kent.