We are keeping everything 50/50, shared custody, but want to keep living under same roof. Can this be done legally?
You can't have an absolute divorce granted if living under the same roof (unless one of you commited adultery or there is abuse issues (which doesn't appear to be the case)). You can (and should) enter into a written agreement setting forth each of your rights, both relating to the children and to the property/finances.
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There is no such thing as a legal separation in Maryland. You are either a married person or a single person. Separation means not sharing the same roof and not engaging in sexual relations (neither, not either or). To be divorced on an absolute basis a couple must be separated in excess of 12 months. Many file for Limited Divorce to gain access to the Courts while separated less than 12 months in order to obtain temporary orders for support, use and possession, custody, etc. Essentially, neither spouse has grounds for divorce while then continue to share the same residence. There is a possibility of obtaining a limited divorce (actually being awarded one) while living under the same roof (we attorneys call that a Rickett's situation) but I would contend that a specific set of facts would apply. And you likely don't want a limited but are seeking a full and final divorce (absolute). It is possible to negotiate and enter into a Separation Agreement while living together, with an intention to separate stated in the Agreement, but I would contend that you would actually have to physically separate in accordance with the terms of the contract to make the same enforceable and binding/valid. Speak with an attorney in your jurisdiction/County with regard to the specific facts of your case to figure out what course of action is best for you. Good luck!
Yea, it is called being married. I had a couple years ago that lived in shining adjoining town homes and kids went back and forth. There is no reason you can't be as creative as you want to accomplish what works for you. There are unresolved issues about about getting a divorce while living separate in same home but you don't ask about divorce. Having an agreement certainly seems like a good idea.
This is not to be considered legal advise and no attorney client has been established.
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