Legal Question in Family Law in Maryland

Legal Separation and Divorce Laws

I would like to know how long a couple with children must be legally separated before they can be divorced. Also, can this amount of time (if any) be waived.


Asked on 12/06/99, 5:47 pm

1 Answer from Attorneys

Lowell Wilson Law Office of Lowell G. Wilson

Re: Legal Separation and Divorce Laws

The answer depends on whether there are grounds for

the divorce. Maryland has a "no fault" statute

that allows a couple to divorce, if they are both

agreeable, after one year's separation. If they

are not both agreeable, then you have to wait 2

years before filing.

As for waiver, no, there is no way to waive these prerequisites.

The closest you can get is if both of you state, and

can corroborate, that you were actually living separate

and apart while sharing the same house (different

beds, couldn't afford another house, etc). But you

are not free to simply waive the waiting period.

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Answered on 12/07/99, 3:44 pm


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