Depending on the state in which a couple lives, laws related to divorce can vary greatly. In Maryland, a couple who wishes to divorce must meet certain requirements and may, or may not, be granted either an absolute or limited divorce. In the next couple of weeks, we’ll take a look at how the divorce process works in Maryland and provide helpful tips for individuals who wish to obtain a divorce.
First, let’s take a look at the differences between an absolute divorce and limited divorce. A limited divorce is also commonly referred to as a legal separation. While a married couple may choose to separate on their own, taking steps to obtain a limited divorce or legal separation helps a couple both determine and abide by terms related to living arrangements, child custody, child and spousal support and property division.
Spouses may choose to obtain a legal separation in cases where they have not met the requirements to file for an absolute divorce, they are not able to agree upon terms related to a divorce and/or they want to take advantage of the financial and tax breaks marriage affords. It’s important to note, however, that a legal separation comes with certain restrictions.
A married couple who wishes to obtain a legal separation must live apart and are not allowed to have sexual relations with one another or anyone else. In cases where a spouse is unfaithful during a legal separation, such an act would be considered adultery and could therefore be used as grounds to obtain an absolute divorce. Additionally, because a couple is still legally married, problems may arise if one spouse wants to sell jointly-owned property.
In our next post, we’ll discuss the requirements that must be met to obtain an absolute divorce as well as the benefits of doing so.
Source: The People’s Law Library of Maryland, ” Overview of Divorce in Maryland,” Mary Jo Lazun, June 13, 2014
We Can Help
If you’re considering divorce in Maryland, Leffler, Bayoumi & Oliver, LLC can help. We serve Howard County, Anne Arundel County, Baltimore County, and central Maryland.
Contact us or call 410-740-1180.
Need Legal Assistance?
If you have questions about this topic or need legal representation, our experienced attorneys are here to help. We work with clients throughout Maryland to provide practical guidance and effective advocacy.
Contact us to discuss your situation and learn how we can assist you.