The Maryland separation process is confusing for a lot of people.
In most cases, you do not need to go to the court and file for separation.
In states where legal separation involves a court proceeding similar to and as complicated as divorce, or when spouses have signed a separation agreement and want to begin dating, it might make sense for them to simply divorce instead, so they can move on with their lives.
Some states, such as New Jersey, call this a divorce from bed and board.
However, spouses are still legally married when they separate by this method. Adultery requires that sexual contact exists between a married individual and someone other than his spouse.
One spouse must file a petition with the court and a judge decides issues of property, support and custody, much as he would in a divorce.
At the end of the litigation, the court issues a decree of legal separation.
Record the date in which you or your spouse moved out, and obtain documentation that proves you or your spouse lives in a new dwelling.