Legal Question in Family Law in Maryland

Re: seperation allowable limits

As ridiculous as it sounds, yes, IF he and she live in Maryland. Does either party live in DC or VA? If so, the time is much shorter! If both live in MD then she can be vindictive and make him wait for the 2 year separation just by arguing that she doesn't want the divorce.

If you have any questions, please give me a call at 301-652-0663 or 703-968-3974. Good luck!

Re: seperation allowable limits

I really don't understand your question. If a couple separates, the separation lasts as long as either party wants it to last. If the separation was one that took place by mutual agreement, either party can file for a divorce after 1 year. If the separation occurred because one spouse decided to leave without the consent of the other, either one can file for divorce after the separation has lasted for 2 years.

Re: seperation allowable limits

The spouse can prevent a divorce from being granted after one year of separation by convincing the court that the separation was not mutually voluntary. If one party is opposed to the divorce, the other party will have to wait until they have been separated two years. Unless there is a written separation agreement or some other evidence of a voluntary separation, the court will almost certainly deny the divorce. If that is the case, I would advise waiting for the two year separation before filing a complaint for divorce. The two year period must run BEFORE the complaint is filed.

Re: seperation allowable limits

Your question concerns the "grounds" for a divorce. In Maryland, there are numerous grounds including a one-year voluntary (i.e., mutually agreed) separation and

a two-year involuntary. The time period for either of these grounds must be satified completely PRIOR to filing for the divorce. In Maryland, there really is no such thing as

a mutually agreed divorce; so, the Court requires an additional element of one full year of complete separation before it will grant a divorce. This means there was no co-habitation

during the one year. Be alert that the resumption of sexual relations even if minimal will break the period. Maryland also requires corroborating evidence to support either of these two

grounds.

In a nutshell, one spouse "may" hold the other to satisfy the two-year basis. However, this does not deny the other spouse from other grounds. In all cases, corroborating evidence is required. However, where the other spouse can be shown to be

acting purely from spite there are other actions that may be taken such as mis-use of process. The key factor in whether the period extends to two years is the sufficiency of evidence supporting a mutally agreed/voluntary separation.

Please be aware that there are many other aspects to acquiring a divorce than merely satisfying the grounds so that the court will grant the divorce. A party stands to loose assets and be bound for many years to

terms that he/she may have otherwise avoided with the assistance of an attorney. Other issues such as child support and custody may be involved and the services of an attorney are invaluable.

If I can be of assistance, please feel free to contact me at (410) 799-9002.

DICLAIMER: Nothing herein is intended to constitute legal advice and no inference therefrom should be taken. When confronted with a legal issue, personalized services from an attorney should be obtained.