Legal Question in Family Law in Maryland

Separation and/ or divorce

HOW DOES A LEGAL SEPARATION affect getting a divorce? Is a legal separation necessary?


Asked on 6/13/07, 11:45 am

3 Answers from Attorneys

Bill Wood Law Office of William C. Wood, LLC

Re: Separation and/ or divorce

Once you and your spouse cease living together and having marital relations, you are considered separated in Maryland. Maryland also recognizes a Limited Divorce, which is essentially a legal separation. Neither is required to get a divorce as long as grounds exist. Examples of grounds are mutual and voluntary separation for one year, adultery, etc.

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Answered on 6/13/07, 11:53 am
Adele Abrams Law Office of Adele L. Abrams PC

Re: Separation and/ or divorce

There are non-fault and fault-based grounds recognized for divorce in MD. A legal separation is the same as a "limited divorce," which means that you are living apart (any length of time) without sexual relations, with the intention of ending the marriage. After one year of doing this voluntarily, an absolute divorce can be granted. Even if one party left over the objections of the other ("desertion") one year is required for an absolute divorce on desertion grounds, or two years for involuntary separation. There is no waiting period to file for an absolute divorce if ground are present such as adultery, or physical abuse of the spouse or a child. If you need assistance, more information on our firm is posted at www.marylandfamilylawyers.com

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Answered on 6/17/07, 12:22 am
Ranji Garrett Law Office of Ranji M. Garrett

Re: Separation and/ or divorce

Being separated constitutes two of the grounds for getting an absolute divorce in Maryland. One ground is a one year voluntary separation; the other is a two year separation. Once you and your spouse separate from one another, that is, you are living separate and apart without cohabitation, you are considered to be separated for purposes of the time clock starting to tick for either the one year or two year separation absolute divorce grounds.

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Answered on 6/13/07, 1:31 pm


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