.webp)
.png)
Maryland is a “no fault” state in the sense that a divorce can be obtained without the requirement of showing or proving that at least one party had fault during the marriage. But, though this is the case, Maryland law still requires that spouses cite a reason for the dissolution, and the different levels of dissolution require the citation of different reasons. For instance, to obtain an “absolute divorce” in Maryland, one of the reasons which can be cited is the physical separation of the spouses for a minimum period of one year. Maryland has rules which apply specifically to this separation requirement; for instance, the spouses must reside apart continuously during the cited 12-month period, they cannot reconcile or have intimate contact during that time.
Maryland’s rules pertaining to this requirement have evolved over time. One recent case which provides clarification on this requirement is the case of Besche v. Besche (2022). In this case, the husband tried to argue that the separation requirement could be undermined by an attempt at reconciliation; in other words, the husband argued that the physical separation hinges on the voluntary behaviors of both parties. Let’s look at this case in detail to get a better understanding of how the separation requirement works under current Maryland law.
Facts of the Case
The wife in this case filed for divorce in June of2022. In her petition, she referenced the 12-month separation as the basis for the absolute divorce. The couple actually separated about 9 years prior to the petition, but the husband had stayed over at the wife’s place from time to time, and this undermined the separation requirement. The wife claimed that the last time the husband stayed over was New Year’s Eve, 2020, and so the 12-month requirement was firmly satisfied.
The husband admitted that the New Year’s Eve, 2020, was the last time he resided with the wife overnight. However, the husband tried to undermine the petition by stating that the wife had failed to cite a legitimate reason as to why she insisted on the separation. In other words, the husband contended that physical separation, without a legitimate reason, is not sufficient to satisfy the separation requirement. The husband wanted a reconciliation of the relationship altogether, and so he was trying to refuse the divorce. At the trial court, the judge stated that, under current Maryland law, the physical separation requirement can be satisfied even if the separation is involuntary; voluntary separation is no longer part of the requirement.
Outcome & Discussion
The husband appealed, but the appellate division ultimately affirmed the trial court determination. In its opinion, the appellate division noted that voluntariness was in fact part of the 12-month separation requirement prior to 2011. Before 2011, to obtain absolute divorce, the petitioner needed to confirm that the separation of the spouses was in fact a voluntary matter on both sides. Now, however, that part of the requirement has been lifted, and involuntary separation is sufficient to acquire an absolute divorce. The 12-month continuous period still applies. The appellate division also noted that the husband’s requests to reconcile were also irrelevant. The husband’s attempts to reconcile ultimately relate to the voluntariness of the separation, and that court pointed that the voluntariness is no longer necessary. The absolute divorce was granted.
Contact the Murphy Law Firm for More Information
If you would like to learn more about separation requirements, the divorce process in general, or another specific aspect of divorce in Maryland, contact one of the family law attorneys at the Murphy Law Firm today by calling 240-219-8963.
.png)
