Legal Question in Family Law in Maryland
domestic law
In the state of Maryland, is it necessary for spouses to not co-habitate in the same domicile at the time of the separation agreement? Can the date of separation be ''back-dated'' to the last time of marital relations?
Asked on 12/05/06, 2:41 pm
1 Answer from Attorneys
Robert Sher
Wagshal and Sher
Re: domestic law
Generally you can't be living under the same roof in order for there to be a "separation" as the law defines that term. However, in a recent case where the parties were still occupying the same premises but in separate parts of it without any cohabitation, the court allowed the 1-year time period to run. This was a case where the ground for divorce was constructive desertion, so it's a little different scenario.
Answered on 12/06/06, 10:47 am
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