What Are the Two Types of Divorce in Maryland?

You may separate from your spouse if your marriage is troubled and you are considering divorce. However, while Maryland law does not recognize a “legal separation,” it does recognize two types of divorce: a limited divorce and an absolute divorce.

Limited divorce

In a limited divorce, you and your spouse will settle certain divorce issues, such as child custody or financial issues. However, a limited divorce does not dissolve your marriage. Some spouses pursue a limited divorce, if they live apart with the intention to divorce and want to settle certain issues before they are eligible for an absolute divorce.

There are various reasons or “grounds” a limited divorce can be based on. These include separation for a certain amount of time, cruelty or desertion.

Absolute divorce

An absolute divorce is what most people picture when they think of divorce. An absolute divorce settles all divorce issues and legally dissolves the marriage, freeing both spouses to remarry if they choose.

There are several grounds an absolute divorce can be based on. Separation, meaning you and your spouse do not live together for a certain amount of time as dictated in Maryland law because you want divorce and do not have sexual relations with one another while separated, this could be a ground for divorce.

Mutual consent to divorce — also referred to as a no-fault divorce — is another ground for an absolute divorce. Other grounds for an absolute divorce include adultery, imprisonment and insanity.

If you want to divorce in Maryland, you can seek help

Ultimately, this post is for informational purposes and does not contain legal advice. Every divorce is unique. Therefore, those in the Rockville area contemplating divorce may want to seek professional advice, so they can make informed decisions moving forward.

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The Machin Law Firm