Marital separation agreements are not recognized in Maryland. And, as of October 1, 2023, there are only three grounds for an absolute divorce which include:
- 6-month separation
- Irreconcilable differences
- Mutual consent
Although separation could be used as grounds for a divorce in Maryland, a majority of couples choose either irreconcilable differences or mutual consent as the preferred grounds.
These new rules are the result of The Maryland General Assembly Senate Bill 36 and House Bill 14, signed into law by Maryland Gov. Wes Moore.
If you are a District of Columbia resident, a legal separation may be granted if:
- Both parties have mutually and voluntarily lived separate and apart without cohabitation for six months prior to the commencement of the action
- Both parties have lived separate and apart without cohabitation for a period of one year prior to the commencement of the action
View additional information about the rules regarding legal separation in Washington, DC. Any divorce attorney admitted to the DC bar can serve as a legal separation attorney and explain the differences and pros and cons between a legal separation and a divorce.
Can You Get a Legal Separation in Maryland?
In Maryland, there is no such legal status as “legal separation.” However, a six-month separation can be used as grounds for an Absolute Divorce.
An Absolute Divorce is granted when a court legally ends your marriage and issues a divorce decree.
A Limited Divorce does not end the marriage, but it provides for support and legalizes the separation.
When Can You Get a Legal Separation in Maryland
There is no legal status known as “legal separation” in Maryland.
Getting Divorce Following a Legal Separation
After you have lived separate and apart without intimacy for 12 months, this can become the grounds for your divorce.
Work with an Experienced Maryland Legal Separation Attorney
What matters to you, matters to us. For over five decades, JGL family law attorneys have fought to improve the future of families, the arc of careers, the success of business, and your most basic human rights. The attorneys of JGL take your business, family, and personal issues as personally as you do. We relentlessly pursue the outcomes you desire. If you need guidance from a Maryland legal separation attorney, contact JGL:
