In Maryland you can obtain a divorce on the fault grounds of cruelty, adultery or desertion while living in the same house.

The Ricketts case in 2006 allowed a limited divorce to go forward on grounds of constructive desertion when the parties were living in separate bedrooms in the same house.

The Court of Appeals in 2006 found that a complaint for limited divorce alleging constructive desertion based on lack of marital relations may be maintained when both parties continue to live under the same roof, albeit not in the same bedroom, and without cohabitation. Moreover, in such a circumstance, a complaint for custody and visitation of the parties’ children may also be maintained. Ricketts v. Ricketts, 393 Md. 479 (2006). Opinion by Bell, C.J.

A limited divorce grants unto the injured spouse the right to live separate and apart from the one at fault. However, the parties remain man and wife, and there is no severance of the marital bonds.” This is in contrast to an absolute divorce, which effects a complete severance of the marital bond and entitles either of the parties, or both, to remarry.

The Court stated that by the phrase “live under the same roof,” it meant that the parties are technically living together but are not cohabitating, sharing the same bedroom or engaging in marital relations. “Cohabitation,” describes a relationship of living together “as man and wife,” and connotes the mutual assumption of the duties and obligations associated with marriage. The mutual assumption of those marital rights, duties and obligations which are usually manifested by married people, including but not necessarily dependent on sexual relations.

But there are dangers in this arrangement, which will be the topic of a follow-up blog in the Family Law category.

Related posts:

1. A Tale of Default Divorce By Deception
2. A Plea to Parents from a Divorce Lawyer: Leave Your Kids Out of It!
3. Legal Fees, Dissipation of Marital Funds