Limited divorce, also known as separation, is a legal term that precedes the final stage of divorce. It is generally recognized in situations where marital tension arises from financial problems or common life challenges like custody of children. In numerous relationships, a trial separation is used to give spouses time apart with the aim of eventually reconciling them.
According to data from Maryland Courts, approximately 7,000 limited divorce cases are filed annually. Limited divorce is not right for everyone. But if you and your spouse are separated and can’t agree on alimony, child support, or other issues, it may be worth considering. Likewise, if you cannot prove grounds, a limited divorce may help you begin the 12-month countdown to an absolute divorce.
Learn more about this arrangement, as it directly involves your rights and responsibilities as a spouse and how it may affect your decision about your future.
Legal Grounds for Limited Divorce
In Maryland, the legal grounds for limited divorce are somewhat different from those required for an absolute divorce. Reasons for granting a limited divorce include extreme cruelty, desertion, voluntary separation, or mutual agreement to live apart.
Cruelty is any behavior by a spouse that puts the life or health of the spouse who is filing for divorce at risk. Additionally, behavior that is so extreme that it prevents the couple from cohabiting is referred to as excessively cruel behavior. According to Maryland law, desertion occurs when one spouse abandons the other without a valid reason for a predetermined period of time. Lastly, it indicates that two people are choosing to live apart when they decide not to live together.
Process of Filing for Limited Divorce
Filing a limited divorce in Maryland needs compliance with specific legal procedures. This process follows:
- You will need to file a complaint for limited divorce to your circuit court in the county where you or your spouse resides. This complaint, which declares the cause for limited divorce and the relief requested, is a legal document.
- Once you file your complaint, you must serve a copy to your spouse along with a summons to appear in court. The spouse is allowed to respond in a specific time limit.
- The court will schedule a hearing to address the issues raised in your complaint once you make and serve the initial filings. Then both parties are invited to provide evidence and testimony in support of their respective positions.
- After the hearing, the court will make a decision regarding the parties requesting a limited divorce and may issue additional orders to ensure a proper resolution of the legal matter.
Key Differences From Absolute Divorce
In a limited divorce, the court’s decisions regarding child custody, spousal maintenance, and property division do not affect your marriage. When religious laws forbid divorce or when the parties require time apart to resolve certain issues, this type of separation is commonly chosen.
Unlike absolute divorce, which ends a marriage entirely, limited divorce leaves open the possibility that a separated couple may eventually reconcile. In other words, a subsequent remarriage is not necessary for reconciliation to occur when both parties live apart and have separate arrangements.
The main difference between the two forms of divorce is based on the underlying reasons that must be demonstrated in the respective applications. So, limited divorces are extended to more temporary grounds, while absolute divorces demand proof of a more severe breakdown of the marriage, such as desertion or adultery.
Implications of Choosing a Limited Divorce
A limited divorce allows the couple to live apart legally while they have not yet obtained a complete divorce. During a limited divorce, one does not have the liberty to remarry. The legal relationship between the parties may continue, thereby preventing any spouse from entering into another marriage.
A limited divorce will cover your financial position and claim the consequences it might have. The sole purpose of this limited divorce is to provide legal coverage and grant powers related to court orders for significant matters. However, it restricts the benefits you would have gained from obtaining a complete divorce. Limited divorce affects different areas of your life, such as filing taxes and eligibility for health insurance through your spouse. It is advisable to consult this view, depending on how much you might get from the divorce.
Factors to Consider Before Opting for Limited Divorce
Before opting for a limited divorce in Maryland, consider examining factors about how it may affect your legal rights and your financial standing.
- Consider the potential impact on your rights to inherit from your spouse. Under a limited divorce, you may lose your rights to inherit from your spouse, which would seriously affect your future financial stability.
- A limited divorce could certainly affect your health insurance coverage. The limited divorce may prevent you from receiving coverage under your spouse’s health insurance. You will have to go to the hospital at some point, so feel free to look for health insurance.
- Marital debt can have a big effect on couples. A limited divorce offers incomplete protection from new financial obligations your spouse incurs that become your responsibility without your consent.
Conclusion
In Maryland, a limited divorce enables couples to legally separate without ending their marriage, serving as a transitional step between marriage and an absolute divorce.
While it might be the favored option for some partners, understanding the effects and differences of a limited (absolute) divorce is crucial before reaching a conclusion. Understanding legal fault, process, and effects will help you work effectively on the issue at hand.
