What Is a Limited Divorce in Maryland?

A limited divorce, also known as a legal separation, is a legal process that allows couples to live separately while remaining legally married. In Maryland, a limited divorce can be sought by couples who do not meet the requirements for an absolute divorce or who wish to retain certain benefits of marriage, such as health insurance coverage or religious beliefs that discourage divorce.

Unlike an absolute divorce, a limited divorce does not dissolve the marriage. Instead, it provides court-ordered legal separation, which addresses issues such as child custody, child support, alimony, and property division. However, it is important to note that a limited divorce does not grant the right to remarry.

FAQs about Limited Divorce in Maryland:

1. Who is eligible for a limited divorce in Maryland?
Any married couple in Maryland can seek a limited divorce, regardless of the length of their marriage. However, certain residency requirements must be met.

2. What is the difference between a limited divorce and an absolute divorce?
A limited divorce is a legal separation that does not dissolve the marriage, while an absolute divorce is the termination of the marital relationship.

3. Can I get a limited divorce if I don’t meet the requirements for an absolute divorce?
Yes, a limited divorce is an alternative option for couples who do not meet the requirements for an absolute divorce, such as the six-month separation period.

4. What are the grounds for a limited divorce in Maryland?
The grounds for a limited divorce in Maryland include cruelty, excessively vicious conduct, desertion, voluntary separation, and mutual consent.

5. How long does a limited divorce take?
The duration of a limited divorce can vary depending on the complexity of the case. It may take a few months to a year or longer to reach a resolution.

6. Can I request child custody and support in a limited divorce?
Yes, a limited divorce allows you to request child custody, child support, and visitation rights. The court will make decisions based on the best interests of the child.

7. Can I request alimony in a limited divorce?
Yes, you can request alimony in a limited divorce. The court will consider factors such as the length of the marriage, the financial needs of each spouse, and the ability to pay.

8. Can I change a limited divorce to an absolute divorce later?
Yes, if you have a limited divorce and later meet the requirements for an absolute divorce, you can file a motion to convert the limited divorce into an absolute divorce.

9. What are the benefits of a limited divorce?
A limited divorce allows couples to live separately, address important issues, and retain certain benefits of marriage, such as health insurance coverage or religious beliefs that discourage divorce.

In conclusion, a limited divorce in Maryland is a legal process that provides a court-ordered legal separation for couples who do not meet the requirements for an absolute divorce or wish to retain certain benefits of marriage. It can address issues such as child custody, child support, alimony, and property division, while allowing couples to live separately. It is important to consult with a qualified family law attorney to understand the specific requirements and implications of a limited divorce in Maryland.