In Maryland, there are two types of divorces. One is called an “absolute divorce,” and the other is called a “limited divorce.” An absolute divorce is a divorce that completely, permanently, and officially ends the marriage between the husband and wife. This is “divorce” as most people think of the idea. By contrast, a limited divorce is more like a separation. However, it is an “official” separation that involves filing divorce papers with a Maryland divorce court. Further, a limited divorce also involves the court issuing limited and temporary orders with respect to alimony, child custody and support, and some orders with respect to marital property.

One reason Maryland couples seek a limited divorce is because it affords them an opportunity to change their minds and time to consider whether there is any possibility of reconciliation. Another reason is that to obtain an absolute divorce, there must be grounds for divorce (if the couple cannot agree on every matter related to their divorce). One ground for an absolute divorce is being separated for 12 months. A limited divorce can provide that 12-month time period which can allow the couple to file for an absolute divorce. There are several other reasons that a couple might seek a limited divorce, such as religious reasons and matters related to insurance coverage for health care, etc.

If you are thinking about seeking a divorce and want to consider your options, 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 and other parts of Southern Maryland. Below is some additional information about the difference between a Maryland limited divorce and an absolute divorce.

As noted, an absolute divorce is one where the marriage is officially terminated. This allows each former spouse to remarry and, basically, move on with their lives without involvement by the other spouse. However, with a limited divorce, the spouses remain legally married (although they must live separately). Living “separately” usually means living under separate roofs. But sometimes, that is not financially feasible, in which case the key requirement is that the couple not sleep together or have sexual relations. Other aspects of a limited divorce include:

• The spouses cannot remarry
• Since they are legally still married, during the limited divorce, each spouse is eligible for health insurance coverage and other benefits and can inherit property in the manner that married couples inherit
• The spouses remain married for immigration purposes
• Various court Orders will control aspects of the couple’s financial and property matters
• Sexual relations with others is considered adultery
• Certain forms of property ownership — a primary residence owned as tenants by the entireties) — will continue in effect

Like seeking an absolute divorce, in Maryland, there must be grounds shown for obtaining a limited divorce. Md. Code, Family Law § 7-102. As noted, the most common ground for a limited divorce is that the couple has separated and no longer lives together. Two other grounds include:

• Cruelty
• Desertion — either actual or constructive

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.