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.
1 Answer from Attorneys
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.