Family Law

Maryland Considers Sexless Divorce Law

By ckramer

Some states require a legal separation before a couple files for divorce. This gives the couple time to think about the divorce and determine their ultimate goals and to do what is best for all parties involved.

However, living apart often means a couple’s expenses double. With the tough economy, some couples are unable to fill the separation requirement.

Now, some legislators are starting to take a different look at this required separation. They want to determine if there are less expensive ways to fulfill the current legislation without breaking the bank.

According to the Baltimore Sun, Maryland legislator and attorney Luiz Simmons recently proposed a law that would allow couples seeking divorce to live in the same residence for a year.

That catch is that while the couple lives in the same home, they cannot engage in sexual relations with one another.

Current Maryland law states that any couple filing an uncontested divorce must go through a one year separation before the divorce can be finalized. During the separation, the couple must split and live in separate households.

Simmons said that when both members are forced to live a part for a year, they can become more financially stressed. And if children are involved, then the expenses could significantly increase.

But if the couple is allowed to remain in the same household and refrain from sex, then they will have the emotional separation without the added stress of making additional payments.

Skeptics of the proposed legislation raise the concern how the courts will determine that the couple abstained from sex for a full year.

But that would be an issue even if the couple lived apart for a whole year and some say that will be up to the courts to decide.

Full post as published by The Divorce Blog on February 02, 2010 (boomark / email).