Limited divorce in Maryland, also known as legal separation, serves as a middle ground between marriage and absolute divorce. It’s particularly common among couples facing financial challenges or other stressors in their marriage, like issues related to child custody, visitation, and support. Research suggests that limited divorce gives couples the time to assess their marriage before deciding on a final separation.
The data from the Maryland Courts reveals that about 7,000 limited divorce filings occur in the state each year. In limited divorce, couples have the opportunity to live separately while remaining legally married. At the same time, it gives couples certain legal protections and rights while the couple determines the future of their relationship.
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 a limited divorce are slightly different from those required for an absolute divorce. A limited divorce may be granted based on grounds such as cruelty, excessively vicious conduct, desertion, voluntary separation, or mutual agreement to live separate and apart.
Cruelty as a ground for limited divorce involves conduct that endangers the life, person, or health of the spouse seeking the divorce. Excessively vicious conduct refers to behavior that renders it unsafe or improper for the spouses to cohabit. Desertion occurs when one spouse leaves the other without justification, and this abandonment must last for a certain period as defined by Maryland law. Voluntary separation implies that the spouses have mutually agreed to live separately, without any cohabitation.
Process of Filing for Limited Divorce
Filing for a limited divorce in Maryland requires following specific legal procedures. The process goes as follows:
- You must file a complaint for limited divorce with the circuit court in the county where either you or your spouse reside. This legal document outlines the reasons for seeking a limited divorce and the relief you’re requesting.
- After filing the complaint, have a copy served to your spouse, along with a summons to appear in court. Your spouse then has the opportunity to respond within a specified time frame.
- Once the initial paperwork is completed and served, the court will schedule a hearing to address the issues raised in the complaint. During the hearing, both parties will have the chance to present evidence and testimony supporting their positions.
- Following the hearing, the court will make a decision regarding the limited divorce. It’s important to comply with any court orders issued during this process for a smoother legal resolution.
Key Differences From Absolute Divorce
With a limited divorce, you’re still legally married, but the court has issued orders regarding issues such as child custody, financial support, and property division. This type of separation is often sought when couples need some time apart to resolve their differences or for religious reasons that discourage divorce.
Unlike an absolute divorce, which terminates the marriage entirely, a limited divorce allows for the possibility of reconciliation. This means that even though you’re living separately and have court-ordered arrangements in place, you can still decide to reconcile and continue your marriage without having to go through the process of getting remarried.
Another difference is in the grounds required for each type of divorce. Limited divorces are typically based on more temporary grounds, such as cruelty or excessively vicious conduct, while absolute divorces usually require proof of a more permanent breakdown of the marriage, such as adultery or desertion.
Implications of Choosing a Limited Divorce
Opting for a limited divorce means that you’re legally separated from your spouse but aren’t yet divorced. During a limited divorce, you aren’t free to remarry. Your legal relationship with your spouse remains intact, and you aren’t able to enter into a new marriage.
A limited divorce also affects your financial situation and rights. While it provides some legal protection and allows for court orders on important matters, it may limit your access to certain benefits that come with a full divorce. Choosing a limited divorce also impacts your tax filing status and eligibility for health insurance coverage through your spouse’s plan. Consider these implications more carefully before proceeding with a limited divorce in Maryland.
Factors to Consider Before Opting for Limited Divorce
Before deciding on a limited divorce in Maryland, carefully assess how it may impact your legal rights and financial stability.
- The effect on your ability to inherit from your spouse. In a limited divorce, you may lose your right to inherit from your spouse, which can have significant implications for your future financial security.
- A limited divorce may affect health insurance coverage. Depending on your situation, you may no longer be eligible for coverage under your spouse’s health insurance after a limited divorce. Evaluate how this change could impact your access to medical care.
- The impact on any joint debts. A limited divorce may not provide protection from new debts incurred by your spouse, potentially leaving you responsible for debts you didn’t agree to.
Conclusion
A limited divorce in Maryland allows couples to legally separate without ending their marriage. It provides a middle ground between staying married and getting a full divorce.
While it may be a suitable option for some couples, it’s important to carefully consider the implications and differences of an absolute divorce before making a decision. Understanding the legal grounds, process, and outcomes can help you work on this option effectively.
