Maryland divorce law-- is this true?!

[darien]

Stbx and I have been separated for a month. A few days ago, he told me his lawyer said that we could file for divorce now, because we haven't DTD for more than a year. This was news to me! All the info I've seen says that you need to live at separate addresses for a year. Period.

Anyone got the scoop on this? TIA!

[MissLotus]

Using that reason as grounds for divorce is called "constructive abandonment". I don't know the deal in Maryland, but in NY, where there is no "no-fault" divorce, sometimes it's used to circumvent the year-long separation period. It's kind of the closest thing to "no-fault" because it doesn't cause a lot of acrimony.

[Super~Single~Mama]

In NY you're also supposed to be able to prove that there have been repeated requests for sex during that time, and that there was unjustified refusal. So, might not work. I wouldn't worry about it.

[HappilyEvrAfter]

..

[Rosehip]

Originally Posted by thyra

In NY you're also supposed to be able to prove that there have been repeated requests for sex during that time, and that there was unjustified refusal. So, might not work. I wouldn't worry about it.

You don't have to do this if the other person doesn't contest the accusations. This is what we did. Of course, this only works if both people want the divorce, and neither objects to these grounds.

[briome]

My friend who is getting a divorce (she and hubby have been sleeping on different floors for a year already..they have 3 kids and cannot afford to rent another living space for one of them) is VERY happy about this new rule. I have heard about it, in their case it does help them move on with their lives.

It seems to be true, this friend is the most organized 'on top of things' person I know- so I have no reason to doubt her...bit check with a lawyer anyway!

[MissLotus]

Originally Posted by Rosehip

You don't have to do this if the other person doesn't contest the accusations. This is what we did. Of course, this only works if both people want the divorce, and neither objects to these grounds.

Exactly. No proof needed if you both agree and just want to get the whole thing over with.

[darien]

I do want it over with, but... the sooner I'm divorced, the sooner I have no health insurance.

So, I guess it is true-- stbx gave me papers tonight. I'm going to post a new thread for advice about his "proposals."

[meandmine]

Health Insurance

If your stbx is a federal employee and you take at least $1 of his pension you are permitted to buy federal health insurance for the rest of your life! This is a special perk of being a fed. You do have to pay 100% of the premium, but that is cheaper than individual insurance and it is good coverage.

I thought I'd mention it since you live in Md. -- lots of folks in the MD/DC area are federal employees.

M

[bdavis337]

I live in Il. My stbx is using the phrase "estranged" to mean that we've not had sex in a certain period of time, and he's claiming (to me, we haven't filed any paperwork yet) that since we've been "estranged" since a certain date, he's not responsible for me in any way as of 30 days after our last time together.

Such spite.

But, if it works as a means to a faster no-fault, I'd use it.