Legal Question in Family Law in Maryland

separation agreements

I am confused as to when you can issue a separation agreement and just when do you become separated. Is it when you are no longer sexually involved with your spouse, when he is caught committing adultery, when he abandons you? We had been living separate lives for approximately two years when I caught him with another woman, literally with their pants down. I can only explain my 18 month old as an accident. My husband was irate when I became pregnant and the pregnancy was due to a drunken encounter on his part, it being the first contact in a span of approximately seven months. He did not want the baby, still does not want her and has nothing to do with her. When can I claim that I became separated?


Asked on 3/25/07, 10:00 pm

1 Answer from Attorneys
Bill Wood Law Office of William C. Wood, LLC

Re: separation agreements

Separation commences when you cease cohabitation and marital relations. If you are separated without marital relations continuously for one year, you can file for absolute divorce on grounds of voluntary separation. If the other party contests the grounds, you can get an absolute divorce after two years of continuous separation without marital relations. You can also file for limited divorce once you are separated without waiting for a year.

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Answered on 3/25/07, 10:45 pm


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