One of the most common questions I receive from persons interested in getting a divorce on the ground of "voluntary separation" is whether they can reside in the same house as their spouse during the required 12 month separation period if they do not sleep in the same bedroom or if they live in different parts of the house.
The answer to this question is "No." To satisfy the statutory requirements for voluntary separation under Maryland law, a husband and wife must be living separate and apart from each other for more than 12 months. This means that they cannot be living under the same roof during this period and each must maintain separate households. Simply not sharing a bedroom or living in different parts of the house do not satisfy the statutory requirement for divorce.
For more information about Divorce in Maryland, visit www.sternlegal.com or call Stern & Associates at (301) 519-1505 to schedule a confidential, initial consultation to discuss the specifics of your case.