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Make sure the agreement covers all issues such as child custody, child support, visitation, spousal support, what is to happen to marital assets, who lives where, who pays what debts, any rules and guidelines pertaining to dating and having other people around any minor children and a time period for which the separation will end. If you and your spouse are not filing for the separation jointly you will need to have your spouse served once you have filed your petition for legal separation.
In order for the separation to be considered uninterrupted, however, Maryland law requires that a married couple live in separate residences and do not engage in sexual relations with one another during the separation period.
Many of the Maryland grounds for absolute divorce require that the parties remain separated within this specific definition for 12 months or longer prior to the granting of an absolute divorce.
The reason for the separation does not affect whether the separation itself fits Maryland’s separation requirements.
Although it seems as though the separation of a married couple would be a simple concept, it can be confusing when Maryland divorce law is applied.
Your Maryland family law attorney at Lustig & Gudis, LLC can clear up any confusion you may have about separation.