Legal Question in Family Law in Maryland

Re: What constitutes a seperation in MD

A separation for purposes of ending the marriage begins upon the last to occur, the date that you last lived under the same roof, or had maritial relations. If you separated and then got back togther the time begins anew. To get a no fault divorce on voluntary separation you must have been separated for 1 year. For a non voluntary separation the time is 2 years.

Re: What constitutes a seperation in MD

The answer could depend on the specific terms of your separation agreement and on the nature of your relationship with your husband after the agreement was signed and notarized. You clearly were not legally separated before the agreement was signed. If, after that time, you continued to live in the same place but with no sexual relations, no living together in the sense of sharing grocery expenses and eating together, no sharing a bedroom, you might be found to have been separated during that time. If in any way you were living as husband and wife, rather than as two unrelated tenants in the same buillding, you could not be considered to be legally separated. If the agreement has a provision that cohabiting after the agreement is signed will render the agreement null and void, then the agreement is totally irrelevant to the date of your separation and the day you finally moved out, with the agreement of your husband, would be the date of your separation. If the agreement provides that resuming cohabitation after it is signed does not void the agreement, the agreement should still be enforceable except for the date on which the separation, for divorce purposes, commenced, and all other terms and conditions, regarding property,custody, etc., should remain in force.

I hope this answers your question. The problem is that there is no single simple answer.