In Maryland, the most common grounds for divorce is a 1-year separation. During this 1-year period, the spouses may not cohabitate or have sexual intercourse with each other.
Mr. Bergeris was denied a divorce, because he admitted that he and his wife had engaged in phone sex during their 1-year separation. The Court of Special Appeals vacated the dismissal of Mr. Bergeris’ Complaint for Divorce based upon a 1-year separation. Bergeris v. Bergeris, ___ Md.App. ___ (2014). The appellate court determined that phone sex does not constitute cohabitation.
This ruling is precedent that phone sex, sexting, cyber sex, and video sex between separated spouses does not constitute cohabitation or sexual intercourse; and such acts with a third party does not constitute adultery.
