In Maryland, divorcing couples have a choice between seeking a “Limited Divorce” or an “Absolute Divorce.” An absolute divorce is what most of us consider to be a “divorce.” An absolute divorce completely ends the marriage and severs the legal connection between the spouses. By contrast, a limited divorce is more like what most of us would call a “legal separation.” With a limited divorce, the couple remains legally married and cannot remarry but intend to live their lives separately after the Maryland divorce court orders the division of marital assets and makes decisions on child custody, child support, and alimony. A limited divorce can be sought for many of the same reasons as can be used to seek an absolute divorce. These include mutual consent, adultery, cruelty, etc.

Some might be puzzled as to why a couple would choose a limited divorce, but there are several circumstances in which it is a good option. If you need a consultation about divorce in Calvert County, Maryland, or in nearby Southern Maryland communities, call us here at the Law Office of Robert Castro at (301) 870-1200. We are skilled and seasoned family law attorneys with offices in Waldorf, Maryland. Here are a few situations where a limited divorce should be considered.

Leaving the Door Open to Reconciliation

A limited divorce can be a good option if the couple thinks there is some possibility of reconciliation. Maryland divorce courts can grant a permanent limited divorce or can grant a limited divorce for a specified period of time. This might give the couple a chance to make changes and reconcile. A limited divorce can be converted to an absolute divorce at any time. But, the opposite is not true. Once an absolute divorce is granted, the couple is no longer considered married.

Retaining Benefits

A limited divorce may also be a better option if the couple wants to retain various benefits that only accrue to married couples. These can be benefits through health insurance, retirement plans, and government programs like social security. Likewise, by remaining married, the spouses still have rights under Wills and through the laws of intestacy if one or the other dies. Benefits can also include non-monetary benefits like hospital visitation and involvement in health care decisions.

Moral, Religious, and Personal Reasons

A limited divorce may also be the best option for moral, religious, and personal reasons. Where there are moral or religious reasons for remaining married, a limited divorce maintains the marriage legally without the couple having to live together.

Immigration Reasons

Under U.S. immigration laws, there are various advantages to being married for those seeking permanent residence status or naturalization. Thus, obtaining a limited divorce will retain those advantages.

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.