Would moving back into the marital home after one -yr separation ( for financial reasons) be considered reconciliation even if my husband and I have no intent on reconciling? I live in MD and will be filing for divorce.
2 Answers from Attorneys
Yes. One night together, even if in separate bedrooms, etc., would restart the 1-year clock. You might be able to get a "limited divorce" under the circumstances, but that's very likely not what you're after. We all understand the economic situation everyone's under right now but if you spend the night there you'll fail the requirement of a 1-year separation required for an absolute divorce.
Although this would negate the one year separation requirement, you may have other grounds. The requirement is one year of separation from "bed and board" which means both the bedroom and the house. There are steps you should be taking now.