When most people hear the word “divorce,” they assume it means the legal process of permanently ending a marriage. But Maryland law actually recognizes two forms of divorce. The first is an absolute divorce. The second is a limited divorce.

Limited Divorce

A limited divorce is not really a divorce in the conventional sense. It is basically a court-ordered legal separation. This means that if you receive a limited divorce, you are still legally married to your spouse. This means you cannot legally remarry following a limited divorce, and if you become involved sexually with another person, it is still considered adultery.

That said, when a couple obtains a limited divorce, they do live separate and apart from one another. Indeed, one of the grounds for seeking a limited divorce is that the parties are no longer living in the same place and no longer engage in sexual relations. A limited divorce may also be sought on the grounds of cruelty–either towards the other spouse or a minor child–or abandonment.

When a Maryland court grants a limited divorce, it may be for a limited time or permanent. The judge will also resolve any contested issues, such as child custody, child support, and the division of property. Keep in mind, since the couple remains married following a limited divorce, they retain the same inheritance rights as they did prior to the separation.

Absolute Divorce

An absolute divorce is what we normally think of as a divorce. It is a judicial dissolution of the marriage. The parties are free to remarry or engage in sexual relations with other persons without committing adultery. A spouse can also seek to resume the use of their pre-marital last name if applicable. And the former spouses no longer have the automatic right to inherit from the other.

Maryland recognizes both fault-based and no-fault divorces. In a fault-based divorce, one spouse accuses the other of committing some specific act of misconduct, such as adultery. A no-fault absolute divorce, as the name suggests, requires no such proof; instead, it is granted on the basis of the parties living apart for at least 12 months by their mutual consent.

Requirements for Seeking a Maryland Divorce

Either you or your spouse must be a Maryland resident before you can file for an absolute or limited divorce in the state. If the grounds for the divorce occurred outside of Maryland, then either spouse must be a Maryland resident for at least six months prior to filing. In addition, if a spouse files for absolute divorce but cannot meet any of the grounds, a Maryland court can grant a limited divorce instead. A spouse may also initially file for a limited divorce in anticipation of later meeting the grounds for an absolute divorce.

Speak with a Waldorf, Maryland, Family Law Attorney 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 lawyer at (301) 870-1200.