Living In The Same House And Filing For Divorce

May 02, 2018 - By: Stuart H. Grozbean

Can I live in the same house and file for divorce?

The general rule was the only grounds for staying in the same home and filing for divorce was on the grounds of cruelty and adultery. A recent Maryland Divorce Case Ricketts v. Ricketts just changed the ground rules.

It now appears the Court will allow someone who has abandoned the bedroom, for example, to still live in the same house and file for divorce.

In the July 28, 2006 opinion the Court held “We have held, however, that constructive desertion may occur where both parties continue to live under the same roof.”

What does this mean for you? It simply means that you do not have to leave the marital home where one of the parties has constructively left the marriage. As with all cases you need to speak with a competent divorce lawyer as to your specific facts.