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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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