Legal Question in Family Law in Maryland
I want to file for legal seperation from my spouse but because of our financial situation we cannot not afford to live in separate residences. Is it possible?
2 Answers from Attorneys
Unfortuantely, in Maryland at least, unless the divorce is based on adultery, abuse, or prison, you have to live apart.
(Also licensed and practicing in Maryland)
Actually, there are relatively recent cases that hold that where one spouse moves to an entirely separate part of the house and for all intents and purposes they live separately without cohabitation, that scenario can constitute desertion and be a valid ground for a legal separation (limited divorce) or final divorce after 1 year. However, am wondering what you are trying to accomplish from a legal separation. If you are seeking to resolve some financial issues, that is one reason, but otherwise you would still be legally married.