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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?
Under Maryland law, child support is determined based on the Income Shares Model. Therefore the monthly support amount for the child is proportionally shared between the two parents based on their incomes, past W-2s, and child support worksheets. One parent will then pay the other parent his or her share of child support. Considerations will also be made for existing debt, property settlement, mortgages, other children or any other financial considerations.
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