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Showing posts with label Divorce. Show all posts
Showing posts with label Divorce. Show all posts

Tuesday, May 13, 2014

Married Couple’s Phone Sex Did Not Force Divorce Clock to Reset




Text MessageIf a married couple, living apart, engages in phone sex, are they still separated? This question was crucial to Nick Bergeris’s quest for divorce because he filed on grounds of a 12-month separation (a legal ground for divorce in Maryland) that was free of in-person sex, but not free of phone sex. He was denied the divorce by the trial court, but that ruling was recently reversed on appeal. Did the court get it right?

Bergeris v. Bergeris: The Marriage and the Separation

Nick and Jeanine Bergeris married in Maryland in 2006. In June 2010, Jeanine sought and received a restraining order against Nick, which led him to move out. After the order expired six months later, the couple continued to reside in separate residences. They did resume an intermittent sexual relationship, but that ended as well in March 2011. After that time, the parties never spent a night under the same roof and never had in-person intimate contact. But the wife argues, and the husband concedes, that they communicated via telephone calls and text messages that “were of an explicit or provocative sexual nature.”

- See more at: http://verdict.justia.com/2014/05/13/married-couples-phone-sex-force-divorce-clock-reset#sthash.GVQcAawa.dpuf