Experienced Lawyers Explain The Possible Impact Of Sex On Divorce In Maryland
Whether you are legally separated or considering a divorce, you may be concerned about your right to have sex during divorce, when you can have sex after divorce and when you can resume dating. Our lawyers at Trevillian Law can guide you through this sensitive area of the law, advising you on the restrictions of intimacy to ensure your divorce proceedings will not be negatively compromised.
No-Fault Absolute Divorce: The Only Kind In Maryland
In Maryland, absolute divorce is the final termination of a marriage. It is the only variety of divorce in this state and does not require either spouse to prove fault on the part of the other spouse. To file for an absolute divorce, you must provide evidence of one or more of the following:
You and your spouse have lived apart for six months or more (possibly under one roof if certain conditions are met).
Either of you affirms that there are irreconcilable differences.
The two of you have reached mutual consent about property division, spousal support and child custody, if applicable, and have signed a settlement agreement.
You have submitted child support calculations and agreed to an arrangement that conforms with them.
Sex with your spouse can affect fulfillment of the six-month separation qualification for divorce. Even if you believe divorce is on the horizon but is still uncertain, you should get legal counsel to help ensure that you are positioning yourself to keep your option to file for divorce open.
Legal Separation, What Is It?
Legal separation refers to spouses that are no longer living together pursuant to the terms of an agreement. Such agreements are often referred to as a “Separation Agreement”, a “Voluntary Legal Separation Agreement”, or a “Post-Nuptial Agreement (Postnup)”. These agreements are signed after the parties have married and outline how assets will be divided upon divorce. When a divorce is granted the agreement becomes part of the divorce decree. Do not confuse a legal separation with being what some people refer to as ‘separated’ from their spouse. Separated just means that you are not living together and have not resolved any asset issues.
Depending on the terms of a legal separation, you can enter into romantic relationships and purchase assets without them becoming marital. Simply being separated provides no legal protection to claims made by your estranged spouse.
Can Sex With My Spouse Delay Or Stop Divorce?
Yes. During your six-month separation period prior to your absolute divorce, you cannot engage in sexual relations with your spouse even if the two of you have remained under one roof. If you reconnect with your spouse in a sexual way, your six-month separation period restarts, meaning that you will have to wait six more months from the date the sex occurred to obtain a divorce.
Sexting With Your Spouse During Separation Before Divorce
If you and your spouse engage in sexually suggestive text messages, known as “sexting,” during your divorce proceedings, it will not impact the six-month separation period required before filing for divorce. As long as you do not engage in physical sex during divorce proceedings, you will not face legal ramifications.
Is There Any Reason To Seek To Prove Adultery?
Proof of your spouse’s adultery is not necessary for filing for absolute divorce. However, adultery is classified as marital misconduct, which may be considered when determining the division of property and assets in the divorce.
Adultery may affect alimony and spousal support, and, in certain cases, it may affect child custody and visitation. However, the specific outcomes of proving adultery will vary depending on the circumstances of each case. Your attorney can help you determine whether the effort is likely to bring any advantages to you in your divorce case.
Sexting With Someone Else During Your Divorce
Sexting or sending sexually explicit messages or photographs through electronic means would not necessarily be considered adultery under Maryland law. However, it is possible that sexting could be considered evidence of infidelity or betrayal, which could work against you in aspects of your divorce as described above regarding adultery.
Is Withholding Sex Grounds For Divorce?
Withholding sex in and of itself is not grounds for divorce. Furthermore, under Maryland’s no-fault laws regarding absolute divorce – the only form of divorce in this state – it is not necessary to delineate details about irreconcilable differences, which are one aspect of divorce. So it is not necessary to prove actual or constructive desertion except, perhaps, to prove that there has been a six-month separation, which is one of the possible justifications for divorce in Maryland. Actual desertion refers to a spouse leaving without consent or justification. Constructive desertion refers to a spouse leaving due to misconduct or mistreatment. In both types of desertion, the spouses are estranged, they will not have sexual relations and they may, in fact, be separated. Ask your divorce if this issue has any relevance in your case.
Dating After Divorce
While dating during your separation can result in negative consequences, once your divorce is finalized, you may start dating immediately. The same is true for sex. Sex during divorce proceedings can be deemed adultery, possibly affecting some aspects of your divorce, and sex with your spouse restarts the six-month separation period. However, once you are legally recognized as divorced, you may lawfully engage in consensual sexual relations.
Consult Our Severn-Based Family Law Attorneys
If you are considering a divorce or legal separation, or if you have concerns about the legal implications of engaging in certain behaviors during your divorce proceedings, contact Trevillian Law to schedule a free consultation with one of our qualified lawyers. Call 410-609-9987 or email us.
