May 8, 2020
In Maryland, spouses seeking a limited divorce must prove appropriate grounds before their marital status can be altered or adjusted. If you are considering separation from your spouse, it’s important to understand how limited divorce differs from absolute divorce, and what proof is necessary in order to obtain the type you seek. Today, we’ll be focusing on the grounds for limited divorce in our state.
How is Limited Divorce Different from Absolute Divorce?
There are two types of divorce that spouses are able to file for in Maryland. An absolute divorceallows for the complete dissolution of your legal marital ties to your spouse, and enables remarriage and the division of property. A limited divorce will allow the state to legally recognize that although you and your spouse are still considered legally married, you live apart from one another.
Grounds for Limited Divorce
The requirements for filing a limited divorce in Maryland are less strict than those associated with an absolute divorce. To file for a limited divorce, you must first prove at least one of the following four grounds:
- Cruelty of treatment of a party, or a minor child of the party.
- Excessively vicious conduct of a party or a minor child of the party.
- Separation of parties (no longer living in the same residence and no longer having sexual relations).
- Desertion, either actual or constructive:
- Actual Desertion: when one party unjustifiably abandons the other or ejects the other party from the marital bedroom or home.
- Constructive Desertion: when a party is forced to leave the marital bedroom or home due to misconduct of the other party.
Proving Grounds for Divorce in Maryland
Simply accusing your spouse of mistreatment is not enough to file for limited divorce in Maryland and can sometimes result in the court’s ruling against you. These rulings can include penalties like having to pay for your spouse’s attorney fees or other incidentals.
This is why working with a professional Carroll County divorce lawyer is essential when you’re considering divorce from your spouse. With legal guidance from a Maryland attorney, you can more efficiently gather documented evidence and proof of grounds for divorce.
Looking for a Carroll County Divorce Lawyer?
Alan Billian is a professional Carroll County attorney with over 28 years of experience in providing legal guidance and services for spouses seeking divorce in Maryland. If you’d like to learn more about the grounds for limited or absolute divorce in our state or are seeking an attorney to help you through the divorce process, reach out to us today.