Legal Question in Family Law in Maryland
Length of separation?
Do you have to file for legal separation in the state of Md. to get a divorce if it is not contested by either party?
1 Answer from Attorneys
Re: Length of separation?
Maryland does not recognize legal separation; you are either divorced or married. Rather than legal separation a limited divorce may apply in Maryland, and this may or may not be applicable to your situation.
An absolute divorce is final and one of the grounds is a period of one year of voluntary separation without sexual intercourse and where neither party contests this basis of the divorce. This can be filed only after a period of one year of separation has occurred. The court usually wants a separation agreement which resolves the marital dispute.
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