The word divorce can conjure up some conflicting emotions for those who are considering leaving their marriage. In some states, a legal separation is a way for couples to take a legal leave from their marriage without officially going through a full divorce. This is often a gray area that results in an eventual divorce after couples who have been separated for a length of time while sorting through dividing all of their financial logistics, setting up child custody arrangements, and securing a new living situation.
Whether you are considering a divorce or living apart, consult an Annapolis divorce attorney right away.
A legal separation is an alternative to a divorce and may look very similar with one major difference, the couple is still legally married and therefore, cannot remarry. Often, couples will opt to go this route because of philosophical and religious beliefs or because they want to test out a divorce before fully committing. Other times, a legal separation is a way for one spouse to stay on the insurance plan of their working partner.
While the state of Maryland has never recognized a “legal separation.” At one time, the state offered a similar term, “limited divorce,” to indicate a similar situation. In a limited divorce, couples were still legally married, but they typically lived apart, and a judge could determine decisions on child custody, property division, alimony, and more. As of October of 2023, a limited divorce is no longer an option in Maryland, but obtaining a full divorce is a bit easier than it has been in the past.
Although a legal separation or limited divorce is not an option in Maryland, there is a six-month separation period required for those who are seeking a divorce. This can be a bit confusing as divorcing spouses can technically still live in the same house. So what exactly does this six month separation mean and what is the purpose?
Essentially, the court is looking to see that you practiced living separate and independent lives for six months before a divorce is granted. This shows that the couple is pursuing separate lives and gives them time to determine whether they want to move forward with a divorce after six months or opt to reconcile. Some couples are certain that a divorce is inevitable, but others simply need the extra time to separate, re-evaluate their situation, and come back together after a trial separation. The court wants to give couples time to figure out which option is best for them.
If you are considering or have begun the separation process it is helpful to speak with a knowledgeable divorce attorney to learn more about your options. Patrick Crawford Law is dedicated to helping those who are struggling with questions around divorce. This is often a heavy, emotional, and confusing time and it is advisable to talk with someone who can help and understands the legal process.
Reach out to Patrick Crawford Law today to schedule a free initial consultation. Please contact us online for more information.