Maryland  |  Family Law

Legal Question

Asked on: 10/24/13, 9:21 am

My husband and I are separated, living in Maryland, and I want to file for divorce. He is not contesting it and it is amicable. I wanted to just file the paperwork myself but the guidelines that come anywhere near our situation is the guideline that states, "One-Year Voluntary Separation ("No-Fault Grounds"): We, by mutual and voluntary agreement, have lived separate and apart in separate residences, without interruption, without sexual intercourse, for more than 12 months with the express purpose and intent of ending our marriage, and there is no reasonable expectation that we will reconcile." The issue here is that we were living in the same residence up until July of this year; however, we have not had sexual relations is over four years and even while living here he had a separate room that he slept in and worked a lot of nights. The other guidelines don't really apply to this situation. So my question is, even though we were living together until July of this year can I still file under this guideline due to the rest of the guideline applying to us except for the time living in separate households?

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