Legal Question in Family Law in Maryland
proof of separation requirements
How do you prove that you've been seperated for one year if there is no written proof?
3 Answers from Attorneys
Re: proof of separation requirements
Your proof will be based on testimony provided by you and one corraborating witness during your divorce hearing.
Re: proof of separation requirements
In answering this question, I am assuming you mean how do you prove to a court that you have been separated for a year. This is done through testimony at the divorce hearing. Both you and someone called a corroborating witness would be testifying as to the separation. The corroborating witness is someone other than your spouse--say, a friend or a family member--who can testify that you and your spouse have been separated for the required amount of time. If you are trying to get a divorce on the basis of a one year voluntary separation, both you and the witness also have to testify that the separation between you and your spouse was mutual and voluntary with the intention of ending the marriage.
Re: proof of separation requirements
Your testimony and that of a dis-interested witness will provide evidence to support the separation for one year. You should consider obtaining a separation agreement as many masters and judges require them and such a document provides additional evidence of your separation of one year.