Legal separation is an alternative to divorce for couples who wish to live apart without ending their marriage. Some couples may not be financially ready to file for absolute divorce, or there may be other circumstances that make separation a good option.
In Maryland, there is no legal status called “legal separation.” However, couples can live apart and file for divorce after meeting certain conditions.
Living separately
For a couple to file for divorce in Maryland based on separation, they must live separate lives for at least six months. This means not cohabitating or engaging in a marital relationship during this period. The separation must be continuous, with no breaks or attempts at reconciliation.
Filing for limited divorce
In Maryland, couples seeking legal separation must file for a “limited divorce.” This type of divorce does not terminate the marriage but addresses the legal rights and responsibilities of each spouse while they live apart.
To file for a limited divorce, one spouse must file a complaint in the circuit court of the county where either spouse resides. The complaint must state the grounds for the separation and request relief such as child custody, support, and division of property.
Separation agreement
Although Maryland does not have a legal separation status, couples often create a separation agreement. This document outlines how they will handle issues such as child custody, support, and property division while living apart. Both spouses must agree to the terms, and the agreement should be fair to both parties. While not legally mandated, a separation agreement can provide structure and clarity during the separation period.
Residency requirements
To file for divorce in Maryland, at least one spouse must have resided in the state for at least six months. This residency requirement ensures that Maryland courts have jurisdiction over the divorce case and can enforce the terms.
Understanding the steps involved in living separately and eventually filing for divorce helps couples navigate this challenging time. Consulting with legal professionals can provide further guidance and ensure all aspects are appropriately managed.