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Understanding Maryland’s two types of divorce

In the state of Maryland, there are two different types of divorce: A limited divorce, and an absolute divorce. A limited divorce and an absolute divorce may sound similar, but they have many important distinctions. Deciding which one is applicable to your circumstances is an important step to take in your divorce proceedings.

Here are the important differences between limited divorce and absolute divorce:

Limited divorce

In a limited divorce, the couple remains legally married while the court oversees the legal separation. The parties may live together or apart, spouses may still inherit property from one another, and they retain their ownership over jointly held property. This type of divorce can be helpful in resolving issues such as child custody, child support, and division of property. Generally, couples in this situation do not yet have grounds for absolute divorce, need financial relief, or could not privately settle their differences.

To obtain a limited divorce, at least one of these four grounds must be proven:

· Cruelty of treatment

· Excessively vicious conduct

· Desertion

· Mutual and voluntary separation

Absolute divorce

An absolute divorce is when the marriage is dissolved and both parties are legally able to remarry. After this type of divorce, spouses can no longer inherit property from each other, and their jointly owned property automatically becomes commonly owned. The judgment may elaborate the conditions of child custody, child support, alimony, and property division. A spouse may also revert back to his or her birth name.

There are more grounds for absolute divorce than there are for limited divorce- seven. At least one of these grounds must be shown:

· Adultery

· Desertion

· Insanity

· Separation

· Cruelty of treatment

· Excessively vicious conduct

· Conviction of a crime

· Insanity

Perhaps you are considering a divorce, and that has led you to our legal blog. Engel Law Group, P.C. is available to help you through the divorce process.