Skip to main content

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

Salisbury, MD |

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?

+ Read More

Attorney answers 3


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 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.


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


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

Get Avvo’s 10-part divorce email series

A weekly guide with tips and legal advice for each stage of the process.

Divorce topics

Recommended articles about Divorce

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer