What Is a Limited Divorce?
Divorce is never an easy decision, and understanding your options can be challenging. In Maryland, individuals have the option to pursue a limited divorce, which differs significantly from an absolute divorce. For those considering a separation from their spouse, it is essential to understand what a limited divorce entails and when it might be appropriate.
What Is a Limited Divorce in Maryland?
A limited divorce is a legal process that allows spouses to live separately and obtain court orders for issues like child custody, support, and property use without formally ending the marriage. Unlike an absolute divorce, a limited divorce does not legally terminate the marriage. Instead, it provides a structured way to address specific concerns while the spouses live apart. Limited divorce is often chosen by couples who have not yet met the grounds required for an absolute divorce or those who prefer not to end the marriage for personal or religious reasons. It can also be a useful option for those needing immediate relief concerning financial or parenting matters while waiting to meet the criteria for an absolute divorce.
Grounds for Limited Divorce
In Maryland, a limited divorce requires specific grounds, which are less stringent than those for an absolute divorce. The acceptable grounds include:
- Cruelty of Treatment: When one spouse’s behavior endangers the health or well-being of the other spouse or their children.
- Excessively Vicious Conduct: Acts of violence or harmful behavior directed toward the spouse or children.
- Desertion: When one spouse leaves the marital home without justification or forces the other spouse to leave.
- Voluntary Separation: When both spouses mutually and willingly choose to live apart without cohabitation.
These grounds provide a legal basis for requesting a limited divorce. However, the spouse filing for a limited divorce must present evidence supporting their claims.
What Can a Limited Divorce Accomplish?
While a limited divorce does not end the marriage, it does offer some legal protections and resolutions. During a limited divorce, the court can address important matters, including:
- Child Custody and Support: Decisions about where children will live and the financial responsibilities of each parent.
- Alimony: Temporary financial support awarded to one spouse based on their financial needs and the other spouse’s ability to pay.
- Property Use and Possession: Determining which spouse can use the family home or other jointly-owned property while the couple lives separately.
The court’s orders during a limited divorce are temporary and remain in effect until the parties reconcile, obtain an absolute divorce, or the court modifies the orders.
Should You Consider a Limited Divorce?
Deciding whether to pursue a limited divorce depends on your unique circumstances. If you are unable to meet the grounds for an absolute divorce but require legal intervention for financial or custody matters, a limited divorce may be a practical solution. It can also be a useful step if you and your spouse are contemplating reconciliation but need a structured agreement in the meantime. However, it is essential to understand that a limited divorce does not grant the right to remarry, as the marriage remains legally intact.
Annapolis Divorce Lawyers at Oliveri & Larsen Can Help You Get a Fresh Start
Speak with the Annapolis divorce lawyers at Oliveri & Larsen today for help with your divorce matters. Contact us online or call 410-295-3000 to schedule an initial consultation with our experienced team. Located in Annapolis, Maryland, we proudly serve clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.