Nick Bergeris v. Jeanine Bergeris

Divorce: Cohabitation: Sexual relations by phone

Court of Special Appeals No. 0405, Sept. Term 2012. Reported.

Opinion by Meredith, J. Filed April 30, 2014.

Appeal from Montgomery County. Reversed.

RecordFax #14-0430-02, 12 pages.

For purposes of obtaining an absolute divorce based on 12 months’ separation without cohabitation, the trial court erred in concluding that occasional instances of sexually explicit telephonic or electronic communication, unaccompanied by intimate physical sexual contact, constituted cohabitation.

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