What is Limited Divorce in Maryland?
Unlike absolute divorce, limited divorce doesn’t dissolve a marriage.
Maryland limited divorce is a couple’s separation is monitored by the court. This is an option for couples who do not have grounds for an absolute divorce or are unable to privately settle their differences. It is not required to undergo a limited divorce before seeking an absolute divorce if there is sufficient grounds, which a Maryland divorce attorney can help establish for you.
Unlike an absolute divorce, there is only one no-fault ground which is separation for less than one year. There are some requirements to obtain a limited divorce, such as residency requirements and grounds. The grounds that may be used to obtain a limited divorce are:
- Cruelty
- Desertion
- Separation
In order to obtain a limited divorce in Maryland, you must meet residency requirements, grounds and other legally prescribed laws that your lawyer can explain to you. If you are seeking an absolute divorce, you may still be granted a limited divorce. Additionally, the courts may revoke the divorce at any time the parties jointly apply to be discharged.
During this limited divorce, the parties live apart and although they remain legally married, they cannot have sexual relations with each other without having to restart the time requirements for getting an absolute divorce. Additionally neither spouse may remarry or have sexual relations with another party as it’s considered adultery in the state of Maryland.
Although the most common reason for a limited divorce as opposed to absolute divorce is due to a couple’s inability to meet the grounds for an absolute divorce, there are still other reasons that can contribute to the decision.
During the time of a limited divorce, the court will make temporary decisions about custody, child support, alimony, use and possession of property that could be difficult for the couple to decide on their own. The court may also determine whether there is fault and who is at fault. The following may be established in a limited divorce:
These specific grounds can get tricky and it’s helpful to seek advice from a Maryland divorce lawyer who can evaluate your situation and guide you through this challenging time in your life.