Legal Question in Family Law in Maryland

Length of separation?

Do you have to file for legal separation in the state of Md. to get a divorce if it is not contested by either party?

Asked on 5/23/08, 2:19 pm

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Length of separation?

Maryland does not recognize legal separation; you are either divorced or married. Rather than legal separation a limited divorce may apply in Maryland, and this may or may not be applicable to your situation.

An absolute divorce is final and one of the grounds is a period of one year of voluntary separation without sexual intercourse and where neither party contests this basis of the divorce. This can be filed only after a period of one year of separation has occurred. The court usually wants a separation agreement which resolves the marital dispute.

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Answered on 5/23/08, 11:34 pm


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