Is it possible to get a divorce without being separated for a year?

Posted by Thomas MallonAug 06, 20150 Comments

Is it possible to get a divorce without being separated for a year?

I've been married for 15 years and have 2 kids. The relationship has fallen apart and I just want to get on with my life. I pay all the bills and can't afford to move out and take on another bill. Although she works full-time and pays for nothing…

Thomas's Answer

The short answer is yes, it is is now possible for parties to get divorced without being separated for a year first. New legislation has passed which allows parties without children and with a written agreement to file for an immediate divorce. Unfortunately, since you do have children, you do not qualify.

You are in a rather tough situation. In Maryland there are 2 types of divorce. One is an Absolute Divorce and the other is a Limited Divorce. The Absolute Divorce is what everyone thinks of when talking about divorce, in that your marriage is over and if you so wish, you can get remarried, should you choose to do so. A Limited Divorce is not really a divorce, but a way for parties to resolve temporary issues while awaiting a year and a day to file for the Absolute Divorce. If your ex will agree to anything you may want to get a separation agreement in place and file for a limited divorce. if not you may have to stop paying for things to try and get her to pay for somethings. As far as filing for divorce based on adultery, it sounds like it has been condoned or forgiven, so that is not really a sufficient grounds on which to file either.

The only other grounds I can suggest might be based on constructive desertion, however the court will not schedule a hearing unless someone has move out. Good luck.