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Maverick, Lawyer
Category: Family Law
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Experience:  20 years of professional experience
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I want to file for a divorce. My husband and I live in the

Customer Question

I want to file for a divorce. My husband and I live in the same house, but are in separate rooms. There have been no relations since October last year. Would I be able to file?
Submitted: 11 months ago.
Category: Family Law
Expert:  FamilyAttorney replied 11 months ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law appeals and landlord-tenant law. I look forward to helping you today.

At the end of this session, I will ask you to please rate me as that’s the only way I get credit for helping you. It is NO EXTRA CHARGE to you but it’s important to me! Thanks!

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. This is for educational purposes only and you are advised to seek your own legal counsel.

Also – I will be typing my answer for you so I’ll be back asap.

Expert:  FamilyAttorney replied 11 months ago.

Maryland has no fault divorce, but each state with no fault divorce has different requirements. In NY, all you have to do is prove that your marriage has been irretrievably broken for the last six months. You can even live together, and NY judges are fine with that.

Maryland judges are not. It is much more strict in MD. I am only the messenger, and I want you to know you are getting an honest answer. I wish I had better news for you but I don't. You can't file under no-fault grounds because of the following -- you must be separated for a year in MD.

The rules are very strict in Maryland. To be considered separated, spouses must:

  • not live in the same house, and
  • not have sex with each other.
  • In Maryland, sleeping in different rooms is not enough.

The only other way to get divorced in MD is to file under the few grounds that MD has left. That means you would have to claim other grounds for divorce.

The grounds for a divorce in Maryland are:

  • cruelty or vicious conduct of a spouse or child; or
  • desertion
Expert:  FamilyAttorney replied 11 months ago.

Additionally, there is involuntary and voluntary separation in MD.

For voluntary separation, you both have to agree to the separation. If you both agree, it is 1 year of separation. If you don't agree, then it is an involuntary separation and that means 2 years as follow:

  • voluntary separation for 12 continuous months prior to filing for divorce, and
  • a separation for two continuous years

So unless you have those grounds for divorce: cruel or vicious conduct or desertion, you have to use no-fault and you have to be physically separated. The best thing to do is talk to your spouse and find out if he will agree to a separation. If so, then you need 1 year apart, not two.

I am sorry you're going through this and I want to help you, so if this is what you want to do, you need to start getting the clock running on the separation immediately! If he doesn't feel the need to go for marriage counseling, it might be too late to save the marriage. I don't know because I'm not in your marriage, and I'm not encouraging you to split up. If you can try to go for counseling, great. If you can't then you'll know where you stand.

Does this answer your questions?

Expert:  FamilyAttorney replied 11 months ago.

Does this help you and answer your question? I can help you find lawyers too, which is my free service to you. I do that for my customers here who need an attorney.

I am more than happy to answer additional questions based on this one if you want.

I hope this helps and clarifies. If you could, I'd appreciate it if you can rate me when finished. If you need additional information please let me know. Best of luck to you!

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Customer: replied 11 months ago.
No, and I hope I will not be charged more than the $36 offered for the question.
Expert:  FamilyAttorney replied 11 months ago.

Someone else will be here to answer your question. The question will be opened up to the legal community.

Expert:  Maverick replied 11 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick. Please give me a few minutes to review, analyze and/or research your inquiry and I will be back. Thank you for your patience.

Expert:  Maverick replied 11 months ago.

Can you please tell me which one of these grounds you feel you may qualify for based on the facts you know?

See this link for MD law.

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