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Is it true that a couple can live in same home but file for divorce if there is 12 months without intercourse

Salisbury, MD |
Filed under: Divorce

there was a law in MD earlier this year that stated 1 year without intercourse can be used as grounds of separation even if couple lived together. is this true?

Attorney Answers 3

Posted

What you are referring to is not a law, it is an appellate opinion..the case is Rickets v. Rickets, you can review it on the court of appeals website.
it does state that under certain conditions, a divorce can be granted as constructive desertion if one party is refusing to have relations with the other..it does however leave the door open to deny such relief as well.
You would be best to review the specific facts of your case with an attorney before proceeding.

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Posted

Under Ricketts vs. Ricketts which is available on our website at http://www.bwgmarylandlawyers.com on a fault based default the Court can grant an divorce. You have to look at the situation and facts.

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Posted

There was a bill like this introduced last year in the Maryland legislature but it did not pass.

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