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Can I File for Divorce While Living With My Spouse?
Under certain limited circumstances, you can file for divorce while still living with your spouse. A spouse can file for an absolute divorce on grounds of adultery while still living together. A spouse can file for a limited or absolute divorce on grounds of abuse (known as "excessively vicious conduct" or "cruelty of treatment") while still living together. However, in Maryland, before parties are granted a divorce, the Court does not have jurisdiction to grant child custody, support or use and possession of the family home while the parties reside together. Therefore, if a spouse needs to obtain custody, support or use and possession relief before the divorce, the parties must live in separate residences.
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Can I File for Divorce While Living With My Spouse?
A couple married or living as residents in Maryland for at least one year, or two years depending on the grounds of divorce specified, can file for divorce.
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Your Right to Child Custody, Visitation & Support Cover Price: $ Your Price: $17.95 You Save: $7.00 "A Plain English Guide to Protecting Your Children" Author: Mary L. Boland, Attorney at Law
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