Legal Question in Family Law in Maryland

How do I obtain a legal separation in Maryland? My husband and I have been living apart for almost a year now


Asked on 11/29/10, 3:51 pm

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

In Maryland, whether or not a couple is separated is a question of fact. If husband and wife are not having sexual relations and are not sleeping under the same roof (in the same residence), then they are separated. People usually use the phrase "legal separation" to mean that they have signed a contract, called a separation agreement, which settles all of their marital property rights, alimony claims, and other issues-but they have not yet obtained a divorce.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 12/05/10, 4:13 am
Robert Sher Wagshal and Sher

You can file for a limited divorce which is the same as a legal separation. If your separation was by consent and uninterrupted for one year, you can file for a final divorce. If you have joint property and/or minor children, you should retain an experienced family attorney to assist you in making sure all your rights are protected.

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Answered on 12/07/10, 12:11 pm


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