How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask RobertJDFL Your Own Question

RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 10260
Experience:  Experienced in multiple areas of the law.
Type Your Legal Question Here...
RobertJDFL is online now
A new question is answered every 9 seconds

I havent had sex with my spouse for 3 yrs, does this constitute

Customer Question

I haven't had sex with my spouse for 3 yrs, does this constitute a legal separation?
Submitted: 1 year ago.
Category: Legal
Expert:  RobertJDFL replied 1 year ago.
Thank you for your question.

Not exactly, no.

You do not need to file papers in Maryland in order to be “legally separated.” In order to establish that you are separated for the purposes of obtaining a divorce, you must:

Not reside under the same roof, and
Not engage in sexual intercourse with your spouse for the entire period of the separation through the date the divorce is granted.


The length of time you must be separated in order to file for divorce depends on the grounds for divorce:
If you are filing for divorce on the basis of desertion, constructive desertion, conviction of a felony or voluntary separation, the length of the separation must be at least 12 months.

If you are filing for divorce on the basis of adultery, cruelty of treatment or excessively vicious conduct the divorce may be filed at any time after separation.

If you are filing based on a two-year separation, you must be separated for two years.

If you are filing on the basis of insanity, the insane spouse must have been committed to a mental institution for at least three years, and one of the spouses must have been a resident of Maryland for two years.

In other words, you aren't merely separated due to the fact you have not had sexual intercourse. You can live separate and apart for one another and abstain for sex for at least 12 months and then file for divorce on the grounds of voluntary separation, however.
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 10260
Experience: Experienced in multiple areas of the law.
RobertJDFL and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Could you explain cruelty of treatment? Could I file under neglect?


 


Is there any situation where we can live under the same roof until papers are served for divorce?

Expert:  RobertJDFL replied 1 year ago.
Thank you for your reply.

Cruelty of treatment/vicious conduct grounds generally require a condition that is closer to routine and deliberate mental or physical torture by one spouse against the other or against a minor child of the complaining party. So, even regular arguments, isolation, fighting--even an incident of domestic violence likely wouldn't be enough to meet the standard.

Neglect isn't one of the grounds for divorce in Maryland, so therefore that wouldn't be an option.

While I have heard of some cases where parties lived in the same house and were able to successfully argue that they were separated, I believe that to be rare. The idea of a separation is just that -you are living separate and apart from one another, as if you were single, basically. One way I could MAYBE see it happening --if you had a home where one spouse could live in a basement apartment and had a separate entrance and had no contact with the other spouse, and you separated all of your financial documents (checking, savings, etc).

If you want to file for divorce on grounds of voluntary separation, I suggest just making a clean break and one party moving out of the home completely.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19419
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8122
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2131
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    83
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    30758
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15340
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.