Absolute vs. limited divorce

Absolute vs. limited divorce

| Jul 14, 2021 | Divorce |

In the state of Maryland, there are two types of divorce: absolute and limited. An absolute divorce ends your marriage legally and settles all property and custody issues. Once the absolute divorce has been finalized, both you and your ex-spouse are legally permitted to remarry. In a limited divorce, the court will settle some issues pertaining to the marriage; however, the marriage has not legally ended. Limited divorces allow you to become eligible for an absolute divorce after settling finance or custody issues.

Legal separation

Maryland does not offer legal separation. If you and your spouse no longer live in the same home and are planning to divorce, you are considered separated if you are not sexually intimate during that time. Separation can serve as grounds for divorce depending n the length of the separation.

Working with a lawyer during divorce proceedings

Divorce is often a complex process, especially if you and your ex need to settle child custody, retirement or financial issues. You should consider working with an attorney to represent you, especially if your spouse has a lawyer and your divorce issues are complicated.

An attorney may explain the legal reasons for divorce so that you’ll know how to navigate your settlement negotiations. Grounds for limited divorce include cruelty or violent behavior, desertion or separation. Reasons for absolute divorce include mutual consent, insanity, adultery or imprisonment for committing a crime.

When it comes to no-fault divorce, you may be granted a no-fault divorce on the grounds of mutual consent. This means you and your spouse must complete a settlement agreement. Speaking with a family law attorney in Maryland may help you understand all your rights and options if you are considering divorce.

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