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

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Grossman, Joanna L
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If 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?