Legal Question in Family Law in Maryland

Clarification on Leaving the Marital Home

On my prior question, I mentioned that we have been living in separate rooms and had no sex for over 6 years now but until one of the replies here it was my understanding that I had no option but to move out for more than 12 months in order to pursuit divorce. Is this not the case? He has not been physically abusive but his religiuos fanatism as well as constant put downs, critisisms, and religiuos belief harrassment has made the matter intollerable. I have been to counceling multiple times and he went with me two times and while he admitted to putting me down constantly he claimed he was justified based on the religious differences.


Asked on 11/09/04, 11:15 am

1 Answer from Attorneys

Joseph Laumann Law Office of Joseph Laumann, PA

Re: Clarification on Leaving the Marital Home

Maryland law requires a 12 month voluntary separation or 24 month involuntary separation. Therefore, even though you have not been living as husband and wife for the past 6 years, the Court will still want you to be living under different roofs. OR if one of you has an affair, the Court will possibly consider the divorce if you are living together.

I would be happy to discuss this further, please contact my office for a consult

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Answered on 11/09/04, 12:41 pm


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