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Questions You Want Answered > General Family Law Information > What is a legal separation?

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In Maryland, there is no such thing as a legal separation.  What Maryland law requries prior to most divorces is a physical separation, which means not spending so much as one night under the same roof.  Separate bedrooms probably does not count, although there are exceptions.  That separation is proven by testimony or other corroborating evidence.

When people refer to a legal separation, what they normally mean is either a limited divorce, otherwise known as a divorce from bed and board, or a physical separation with a separation and property settlement agreement that settles all of the marital issues between them.

Last updated on September 4, 2013 by Karen Robbins, Attorney at Law