Limited Divorce
Absolute Divorce vs. Limited Divorce in Maryland
Grounds for Limited Divorce
A limited divorce is a court-ordered separation that allows spouses to live apart while remaining married without waiting periods. The grounds for limited divorce include:
- Separation
- Cruel Treatment or Vicious Conduct
- Desertion
Absolute Divorce
An absolute divorce is a final divorce that permanently dissolves a marriage. There are specific grounds that must be adhered to in order to obtain an absolute divorce. An absolute divorce includes:
- Division of Assets
- Custody and Visitation of Children
- Alimony
- Termination of Inheritance Rights
- Resumption of a Former Name
- Ability to Remarry
No-Fault Grounds for Absolute Divorce
Fault-Based Grounds for Absolute Divorce
Fault-based divorce complaints must be proven in court for the absolute divorce to be granted by the judge. The fault-based grounds for absolute divorce include:
- Adultery
- Actual Desertion
- Constructive Desertion
- Cruel Treatment or Vicious Conduct
- Conviction of a Crime
- Incurable Insanity
What a Limited Divorce Does
A limited divorce includes:
- Child Custody Decisions
- Child Visitation Arrangements
- Child Support, Alimony, Health Insurance Orders
- Temporary Use or Possession of the Family Property
- Satisfying Suit Money or Attorney Fees
What Is Not Included in Limited Divorce
Limited vs. Absolute Divorce: Which One Should You File?
Permanent Dissolution or Temporary Separation
Religious or Moral Objections
Inability to Reach an Agreement
Insurance Benefits and Financial Advantages
Converting a Limited Divorce to an Absolute Divorce
To convert a limited divorce to an absolute divorce, one spouse must file a complaint for absolute divorce, adhering to the grounds for absolute divorce, including the 12-month waiting period. The other spouse will then be served and given the opportunity to respond. If the parties cannot agree on the terms of the divorce, the court will hold a trial and make a decision.
To convert a limited divorce to an absolute divorce, one of the following conditions must be met:
- The parties have lived apart for at least two years, and both agree to the divorce
- The parties have entered into a written separation agreement and have lived apart for at least one year
- Adultery
- Desertion for at least 12 months