The answer is six months. Under the old version of Maryland’s divorce law, a couple must have been separated for twelve months. Under the new version of Maryland’s divorce law, the required separation period has been reduced by half. The new law goes into effect on October 1, 2023. Md. Fam. Law Code, § 7-103.

Moreover, after October 1, 2023, the couple can still obtain a divorce based on separation, even if they live under the same roof. The old statute allowed a divorce proceeding to be filed if the couple had “… lived separate and apart without cohabitation for 12 months …” The new law removes the words “without cohabitation” and reduces the number of months to six. This means that a couple can be “separated” even if they live under the same roof as long as they are living “separate and apart.” The new law also clarifies that “separation” can exist even if the separation is not entirely voluntary, such as when separation is because of a court order or incarceration. This is one reason that the new law removes the old “for-fault” ground for divorce that was labeled “incarceration.” Under the old law, one spouse could file for divorce if the other spouse was incarcerated. But the other spouse must have been sentenced to a term of incarceration of at least three years and must have served at least twelve months of that sentence. Those requirements are now eliminated and only a six-month separation is needed.

What is “separated” if we live under the same roof?

It can be difficult for a couple to live “separate and apart” if they live under the same roof. But, the new rule is just and fair since it can be expensive and difficult practically to set up two households. But there are some practical steps that can be taken. These include:

• Sleeping in different beds and different rooms — this may be difficult, but it can be done
• Not engaging in sexual relations — this is one key indication of living “separately and apart”
• Preparing and eating meals separately
• Beginning the process of separating financially — this involves setting up new bank accounts in the name of only one spouse, getting vehicles titled in separate names, etc.
• Telling friends, family, children, and others that a divorce is being planned — this can help immensely with facilitating sleeping in separate rooms, eating separately, etc.
• Looking for new homes/apartments and planning for separate households
• Changing beneficiaries on financial instruments like life insurance policies, retirement accounts, etc.
• Beginning the process — cautiously — of finding new romantic partners
• Taking separate vacations
• Spending leisure time separately with different sets of friends/family

Contact Waldorf, Maryland Family Law and Divorce Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.