Do I Need to File for Legal Separation Before Getting a Divorce in Maryland?
If you’re considering ending your marriage in Maryland, you may be wondering whether you need to file for legal separation before filing for divorce. It’s a common question—and one that highlights how confusing family law can feel during an already emotional time. At Wobber Law Group, we’re here to clarify the law and guide you through the process with confidence. In this article, we’ll explain the difference between legal separation and divorce in Maryland, whether filing for separation is required, and how recent changes in Maryland divorce law may affect your path forward.
Answering The Question: Do I Need to File for Legal Separation Before Getting a Divorce in Maryland?
Is Legal Separation Required in Maryland Before Divorce?
No, Maryland does not require spouses to file for legal separation before filing for divorce. In fact, Maryland law does not formally recognize “legal separation” in the way that some other states do. You and your spouse can live separately and begin the divorce process without needing to file any special legal documents declaring your separation status. However, living separately for a certain period of time has traditionally played a role in the grounds for divorce. But that changed significantly with Maryland’s divorce reform in October 2023.
Understanding Maryland’s Updated Divorce Law (2023 Reform)
As of October 1, 2023, Maryland has simplified its divorce laws. The state eliminated limited divorce and replaced it with three no-fault grounds for absolute divorce, making it easier and faster for couples to dissolve their marriage. Here are the current grounds for divorce in Maryland:
1. 6-Month Separation
You and your spouse have lived separate and apart for six months (with or without a formal agreement). The separation no longer requires a physical move—you can live under the same roof as long as you maintain separate lives (no sexual relationship or shared finances).
2. Irreconcilable Differences
You and your spouse have significant differences that make the marriage irreparable. This new, broad ground allows couples to divorce without needing to prove fault or wait for a separation period.
3. Mutual Consent
You and your spouse both agree to divorce and submit a written settlement agreement that resolves all major issues, such as property division, child custody, and financial support.
What Is a Limited Divorce and Why Is It No Longer Used?
Previously, Maryland allowed couples to file for a limited divorce—a legal process that didn’t end the marriage but allowed for court-ordered support and separation terms. As of October 2023, limited divorce has been eliminated. Now, couples are encouraged to use separation, mutual consent, or irreconcilable differences as grounds for absolute divorce—simplifying the process and reducing the need for drawn-out legal filings.
So, What Should You Do If You’re Separated and Considering Divorce?
Even though you don’t have to file for legal separation, being intentional and strategic during your separation period is still important. Whether you’re preparing to file or just exploring your options, here are a few smart steps:
- Document Your Separation: Keep a record of when you and your spouse began living separately, even if you still share a home.
- Work Toward a Settlement Agreement: Consider mediation to resolve child custody, support, and property division.
- Speak With a Divorce Attorney: An experienced lawyer can help you understand your rights, obligations, and timeline under Maryland’s new laws.
How Wobber Law Group Can Help
At Wobber Law Group, we guide Maryland residents through every stage of the divorce process—from the earliest questions about separation to the final court filings. We stay current with legal changes and bring decades of experience to each case we handle.
When you work with us, you can expect:
- Clear legal advice tailored to your situation
- Guidance on Maryland’s updated divorce laws
- Help with separation planning, mediation, and settlement agreements
- Compassionate, client-focused representation every step of the way
Ready to Take the Next Step?
Whether you’ve been separated for a while or are just starting to consider divorce, you don’t have to navigate it alone. At Wobber Law Group, we’re here to help you protect your rights, prioritize your future, and move forward with clarity. Contact Wobber Law Group in Towson, MD today to schedule a consultation and learn how we can support your journey—without unnecessary delays or confusion.