Maryland | Family Law
Legal Question
Legal Separation and Divorce Laws
I would like to know how long a couple with children must be legally separated before they can be divorced. Also, can this amount of time (if any) be waived.
Legal Answer
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Read More Answered By: Lowell Wilson |
Re: Legal Separation and Divorce Laws The answer depends on whether there are grounds for the divorce. Maryland has a "no fault" statute that allows a couple to divorce, if they are both agreeable, after one year's separation. If they are not both agreeable, then you have to wait 2 years before filing.
As for waiver, no, there is no way to waive these prerequisites. The closest you can get is if both of you state, and can corroborate, that you were actually living separate and apart while sharing the same house (different beds, couldn't afford another house, etc). But you are not free to simply waive the waiting period.
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