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Maryland Limited Divorce

Maryland Limited Divorce

Maryland Limited Divorce

There are two (2) types of divorce in the State of Maryland: Absolute Divorce and Limited Divorce.  Absolute divorce is the most common type of divorce in today’s society and you can learn about its specifics by reading our article which is dedicated to that subject: Maryland Absolute Divorce.  This article will deal solely with the less common type of divorce: Maryland Limited Divorce.


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Maryland Limited Divorce provides for a legal separation, specifically judicial permission for a plaintiff to exercise the right to live separate and apart from the defendant.  Because this type of marriage does not fully sever the marriage relationship, Maryland Limited Divorces do not allow for remarriage.  In addition, Limited Divorces do not terminate the parties’ property claims.  However, spousal support and alimony pendente lite may be sought (along with custody and child support if children are involved).  Complaints filed for a Limited Divorce are usually amended to seek an Absolute Divorce after a twelve (12) month separation.


Grounds for a Maryland Limited Divorce


In Maryland, there are four (4) specific points provided as the grounds for a Maryland Limited Divorce:

Cruelty of Treatment

If there has existed cruelty of treatment of the complaining party, or of a minor child of the complaining party, the State of Maryland recognizes this as valid grounds for a Limited Divorce.

Excessively Vicious Conduct

Similarly, if there has existed excessively vicious conduct of the complaining party, or of the minor child of the complaining party, a complaint for a Maryland Limited Divorce may be filed.

Desertion

Desertion is the choice by one party to live without the other spouse, for no justifiable reason.  In the matter of Maryland Limited Divorces, desertion constitutes one of the grounds for such a divorce.

Voluntary Separation

Maryland law provides for a Limited Divorce if:

  1. The parties are living separate and apart without cohabitation, and
  2. There is no reasonable expectation for reconciliation.

In Maryland, whether you are filing for an absolute divorce or a limited divorce, oral testimony in an open court is required.  If the matter is scheduled by the Circuit Court as an “uncontested divorce hearing’, then only the moving party is required to appear and testify.  The corroboration witness must also testify at that time.

If you are in need of experienced legal representation for your Maryland limited divorce, contact Attorney Gault today.  He has decades of experience with folks from all walks of life and can represent and advocate for you with compassion and understanding.

Call (410) 638-2600 TODAY!

 

Worth reading:  Maryland Absolute Divorce, Maryland Judiciary Family Law Legal Digest