Legal Question in Family Law in Maryland

Re: Seperation period for Limited Divorce in MD.

The wife can file for a limited divorce, based on a claim of "constructive desertion". This claim would require her to prove that the husband made life so intolerable for her that she had no choice but to leave. In the eyes of the law, if proven, he "deserted" her.

As to asset distribution, the court in a limited divorce can determine the ownership and make a disposition of personal property, such as bank accounts, stocks, etc., but cannot dispose of realty. That must await an action for an absolute divorce. If the case is still open after the parties have been apart for 1 year, the wife can amend her complaint to seek an absolute divorce.

Based on the facts you present--i.e., that she just left not because of abuse but because she grew tired of the marriage, she will have to wait for 2 years of separation before she will be eligible to file for divorce.