Maryland Divorce Lawyer Blog
Last fall, the legislature ushered in a major overhaul of divorce in this state. Maryland law, for the first time, allows spouses to seek and obtain divorces without proving that the other spouse was “at fault.” Maryland’s new avenues for pursuing a divorce include irreconcilable differences. The law also shorted the requirement for a divorce based on separation from one year to six months. If you have decided to pursue a divorce, you probably have questions about how best to proceed. To get the knowledgeable answers you need, be sure to speak to an experienced Maryland divorce lawyer before you file.
Maryland is not the only jurisdiction that has reevaluated and amended its divorce laws recently. Earlier this year, the District of Columbia modified its law regarding the minimum separation required for obtaining a D.C. divorce.
Before the amendment, D.C. required that a spouse seeking a divorce establish that she and her spouse had been separated for at least one year (or six months if the spouses mutually agreed.) As of Jan. 26, 2024, that minimum separation requirement is no more. Any spouse can file for a D.C. divorce at any time. As was the case with Maryland’s addition of ‘no-fault’ grounds for divorce, proponents of the change extolled it as an important aid to spouses experiencing domestic violence.
Before the recent change, D.C. was one of a minority of jurisdictions that had a minimum separation period as one of its preconditions for pursuing a divorce. Eight states still have the requirement, ranging from as short as 60 days (Kentucky) to as long as 18 months (Arkansas.) Virginia is one of the eight. The minimum is six months for spouses who sign a written separation agreement and have no minor children. For all others, it is one year.
What is A Valid Separation Arrangement in Maryland?
Even as the requirement has been eliminated in D.C., spouses in Virginia must plead a separation, and spouses in Maryland may plead a separation if that is the grounds they use for obtaining their divorce. Given that reality, it is important to understand what the courts will and will not consider as a valid separation. May spouses remain under the same roof but simply cease sharing a bed and engaging in marital relations, or must one move out completely?
In Maryland, the law does not require separate residences. The law says that you must live separate and apart, but that does not necessarily mean living under a separate roof. Separated spouses can share the same residence as long as they pursue separate lives. Virginia similarly does not require that spouses live in separate dwellings to qualify as “separated” for purposes of a divorce filing.
This means divorcing spouses with scarce financial resources may choose to conserve those limited assets by remaining under the same roof. Spouses who do so should proceed with care. Judges will consider several factors when deciding whether a couple truly is “separated” under the law. These include things like having separate bedrooms, telling family/friends/coworkers that you are separated, and discontinuing intimate marital relations with one another.
If you have questions about the laws regarding separation or any other aspect of divorce in this state, the knowledgeable Maryland family law attorneys at Anthony A. Fatemi, LLC are here to give you the experience-based and reliable information and advice you need to pursue your divorce efficiently and effectively. Contact us today at 301-519-2801 or via our online form to set up your consultation.