Sex, Sexting and Divorce

Sex, Sexting and Divorce

So, you want a Maryland divorce? It does not matter if you are in Howard County, Montgomery County, Anne Arundel County, Baltimore County, Carroll County or anywhere else in the State of Maryland. If you want a divorce, you need to be separated for a year. Unless. . .

If your spouse commits adultery, you do not have to wait a year to get divorced. The same is true for extreme domestic violence situations. Other than that, you have to wait a year.

What does a one year separation really mean? It means not holding yourselves out as husband and wife. No sexual relations with each other. Living in separate residences. That means separate addresses. Not in the basement. Not in separate bedrooms. Separate physical residences.

You need to intend to become divorced. What on earth does that mean? It is usually a no-brainer, right? You need to want to get divorced, and act like your marriage is over.

So, what happens if you and your spouse are separated, and during the separation, you start feeling some nostalgia. Let’s say you sleep with each other. Do you have to start your one year count all over again? You betcha!

Okay, let’s make it a bit more complicated. You and your spouse are separated, and during your separation, you start feeling some nostalgia. During your marriage, you used to sext each other. It was fun. So, you get a text from your spouse during your separation. More precisely, the two of you begin sexting each other.

Does that break your separation? Do you have to start your one year count all over again? Did it mean that you and/or your spouse “intended” to act as husband and wife?

Amazingly, this became an issue in a Maryland divorce case that made it all the way to the Maryland Court of Special Appeals.

What do you think the answer was?

Fortunately, common sense prevailed, and sexting does not break the one year separation.

So, what is the moral of this story?

The moral is if you want to have a continuous one year separation but you are having some romantic feelings for your soon to be ex-spouse, let your fingers do the walking! On your cell phone only!


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