Do I have to file for legal separation before I file for divorce?

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Do I have to file for legal separation before I file for divorce?

My husband and I have been married for 13 years. We haven’t lived together or had any sexual contact in 5 years. I’m in the military and now living in another state. I have lived here for 10 months.

Asked on August 24, 2012 under Family Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your situation.  Please speak with an attorney in the state in which you are stationed.  Military personnel are permitted to file either in their home state or the state in which they are stationed.  If the state in which you are stationed does not require legal separation prior to divorce then you are good to go.  Same holds true for the state of Maryland if that is your resident state.  Good luck.  And thank you for your service to our country.  


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