Yes, a Maryland limited divorce can be permanent. The statute uses the term “indefinite.” See Md. Code, Family Law § 7-102(b). This is a choice that can be made by the spouses in question, although more typically, a limited divorce is a precursor to the couple obtaining an absolute divorce. If you have questions about a Maryland limited divorce or a Maryland absolute divorce, call us at (301) 870-1200. We are the Law Office of Robert Castro and we are divorce attorneys located in Waldorf, Maryland providing divorce and family law legal services in Charles County, Prince George’s County, Calvert county, St. Mary’s county, and other parts of Southern Maryland.

What is a Maryland Limited Divorce?

A MD limited divorce can be thought of as a court-supervised legal separation between the spouses. A limited divorce does NOT dissolve the marriage, meaning that the couple remains married but does not live together or have sexual relations. This also means that neither spouse is free to remarry since the marriage remains valid.

Possible Reasons for Seeking a Permanent Limited Divorce

As noted, a Maryland limited divorce CAN be permanent. And, there may be reasons for this. For example, the couple simply may not be able to live together, but there might still be some residual feelings of affection. Another set of reasons might involve maintaining property and the right to receive benefits if one spouse dies. Social security and immigration benefits would be possible examples. There may even be religious reasons that the couple’s marriage should remain in existence even though the couple wants to live separately.

Legal Reasons for a Maryland Limited Divorce

Like other forms of divorce in Maryland, the couple must prove at least one statutory reason — or ground — for obtaining a limited divorce. The four grounds are:

• Actual separation of the spouses — that is, they no longer live in the same residence and no longer have sexual relations
• Cruelty by one spouse to the other (or to a minor child of the couple)
• Excessively vicious conduct by one spouse to the other (or to a minor child of the couple)
• Desertion — either actual or constructive

As can be seen, the first ground is essentially fully within the control of the couple. As such, a Maryland limited divorce can be a form of “no-fault” divorce. As noted, obtaining a limited divorce is often used as a method of obtaining an absolute divorce. This is because one ground for obtaining an absolute divorce is being separated for at least a year.

What About Dividing Marital Property, Child Custody/Support, and Alimony?

Like other forms of divorce in Maryland, a limited divorce is a legal proceeding. So, forms must be completed and filed with the local Maryland County divorce court. After the proceedings, the Maryland divorce court is empowered to divide marital property, may grant alimony to one spouse based on need, and resolve any issues related to minor children.

Contact Waldorf, Maryland Family Law and Divorce Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.