Some states will allow you to file for legal separation, but Maryland does not recognize that status, per se. What you can do is file for limited divorce. This allows couples to resolve some important issues, but it does not entirely terminate their marriage. People often choose a limited divorce when there are important issues still pending, like financial matters, or when there are children involved. An absolute divorce is the full process that terminates the marriage and allows either or both spouses to remarry other people.

Difference Between Separation and Divorce

Some people use the words interchangeably, but they are not the same thing. Voluntary separation is grounds for divorce in Maryland, which would mean that if you file for a limited or absolute divorce, you could list that as the reason for the divorce. With a limited divorce, voluntary separation is all you need. With an absolute divorce, you would have to be voluntarily separated for 12 months prior to filing for divorce or be separated for two continuous years. Note that of all the reasons for divorce, separation is the only one that is considered “no-fault.”

To meet the requirements for voluntary separation with a limited divorce, the law requires that you live in separate homes, do not have sex with each other, and confirm that there is no reasonable hope of reconciliation. With a limited divorce, there is no timeline on how much time you must be living apart.

With absolute divorce, the rules are more strict. For voluntary separation, you have to voluntarily live in separate homes, not have sex, and it must be for 12 consecutive months before you can file. For the two years of separation, you must be living in separate homes and not having sex for at least two years prior to starting the divorce process. The main difference in the types of separation is the key word ‘voluntary.’ The two years of separation is required when one spouse did not agree to the separation.

Benefits of Limited Divorce

Essentially, limited divorce provides a spouse with the same legal protections as a legal separation. You are still legally married, but you would petition the court for matters that involve child custody, child support, property distribution, and alimony. Some people prefer the limited divorce route as they may not be completely ready to end the marriage, or they oppose divorce for religious or moral reasons. There is also the chance that the couple may choose to reconcile and therefore do not need to file for an absolute divorce.

Couples can choose to prepare a separation agreement, which can be complex in some situations. This is a document you both sign that is designed to resolve any debt, child, or property-related issues. It is highly recommended that you let a skilled and experienced Maryland divorce attorney prepare a separation agreement for you.

Contact a Maryland Family Law Attorney

If you need assistance with a Maryland divorce or have questions about the pros and cons of proceeding with a limited divorce, contact the Law Office of Robert R. Castro at 301-870-1200 today to schedule an initial consultation.