Understanding Absolute Divorce in Maryland
Divorce is a challenging and emotional time, but understanding your legal options can help you take control of the situation. At The Burton Firm, we are here to guide you through the complexities of Maryland’s divorce laws with clarity and compassion. Whether you’re pursuing an absolute or limited divorce, our experienced family law attorneys are dedicated to protecting your rights and helping you make informed decisions.
Key Takeaways
- Absolute Divorce: A permanent dissolution of marriage in Maryland, allowing remarriage and addressing custody, child support, alimony, and property division.
- Grounds for Divorce: Divided into no-fault (mutual consent or 12-month separation) and fault-based (adultery, desertion, cruelty, insanity, or imprisonment).
- Waiting Periods: Fault-based divorces often require waiting periods before filing.
- Limited Divorce: An alternative for those not ready or eligible for an absolute divorce, resolving immediate issues like financial support and custody without ending the marriage.
- Expert Legal Support: The Burton Firm offers compassionate, personalized guidance through every step of the divorce process.
What is Absolute Divorce?
An absolute divorce is a permanent dissolution of marriage, allowing both parties to remarry and legally separating their lives, including property and financial matters. This type of divorce addresses critical issues such as:
- Custody and child access
- Child support
- Alimony
- Division of marital property
- Attorney fees
Once finalized, neither party can inherit property from the other. An absolute divorce also allows a spouse to request the court’s permission to resume their birth name as part of the decree.
Grounds for Absolute Divorce: No-Fault vs. Fault-Based
To obtain an absolute divorce in Maryland, you must establish legal grounds. These fall into two categories:
No-Fault Grounds
- Mutual Consent: Both parties agree to the divorce and have settled all issues related to property, custody, and support.
- 12-Month Separation: The couple has lived separately and apart for at least one year without cohabitation.
Fault-Based Grounds
Fault-based grounds require proof that one spouse is at fault. These include:
- Adultery
- Desertion: Willful abandonment of the marriage for over 12 months.
- Extreme Cruelty: Abuse endangering the safety or well-being of a spouse or child.
- Insanity: Institutionalization for at least three years.
- Imprisonment: A criminal sentence of at least three years, with one year served.
If you pursue a fault-based divorce, your attorney will help you gather the necessary evidence to prove these grounds.
Waiting Periods for Fault-Based Grounds
Some fault-based grounds have specific waiting periods that must be met before filing. For example:
- For imprisonment, the spouse must serve at least one year of a three-year sentence.
- For insanity, the spouse must be institutionalized for at least three years.
These waiting periods can pose challenges for spouses who need immediate financial support, as temporary orders for custody, support, or property division cannot be issued until a divorce is filed.
Limited Divorce: An Alternative to Absolute Divorce
If you’re unable to meet the time requirements for an absolute divorce or are not entirely ready to end your marriage, Maryland offers the option of a limited divorce.
A limited divorce allows spouses to resolve immediate issues like:
- Financial support
- Custody and visitation
- Property division
However, a limited divorce does not end the marriage, meaning you cannot remarry. This option provides legal relief without the waiting periods required for absolute divorce.
Custody, Support, and Property Division
In both absolute and limited divorce cases, the court will address key issues, including:
- Child Custody and Access: Determining legal and physical custody arrangements based on the child’s best interests.
- Child Support: Calculated according to Maryland guidelines.
- Marital Property Division: Equitable distribution of assets and debts accumulated during the marriage.
- Alimony: Financial support for the lower-earning spouse.
Resuming Your Birth Name
As part of an absolute divorce, you may request the court to include an order allowing you to resume your birth name. This can be an important step in reclaiming your identity. Your attorney will ensure this request is properly included in the divorce decree.
Navigating divorce laws in Maryland can be overwhelming, but you don’t have to face it alone. At The Burton Firm, we provide personalized legal support tailored to your unique circumstances. Whether you’re pursuing an absolute or limited divorce, we are here to protect your rights and ensure the best possible outcome for you and your family.
Take the First Step Today
Divorce is never easy, but with the right legal guidance, you can move forward with confidence. Contact The Burton Firm
to schedule a consultation with an experienced Maryland family law attorney. We’ll help you understand your options and develop a strategy that works for you.
Call us today to take the first step toward resolving your divorce case.