Legal Question in Family Law in Maryland
Separation Requirement
My husband and I both have decided that we want a divorce.
We are living in the same house, however he lives up stairs and I live downstairs. Can we file for divorce under these living conditions. We are not cohabitating.
2 Answers from Attorneys
Re: Separation Requirement
You have not satisfied the requirements under the grounds of one-year voluntary or two-year involuntary. Other grounds may be pursued or you will need to occupy separate dwellings. In the meantime you may begin attending to many other matters. Contact an attorney for assistance.
Re: Separation Requirement
Under the law you are co-habitating. You may not be having sexual relations but by sharing the same residence you are considered to be co-habitants. One of you will have to consider moving out to get the 1-year clock rolling.
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