In many states, a couple can file for divorce for any reason at any time during the marriage. Maryland, however, is a little different. A no-fault divorce can only be achieved after one year of a mutual separation. If fault can be proven, such as cruelty or adultery, a couple can divorce right away. This is called an absolute divorce, and when a couple cannot obtain one immediately, there is an alternative: limited divorce.
A limited divorce is a legal separation; this option often raises many questions concerning property division. A limited divorce does not split marital assets or allow the couple to remarry, but it does force them to live apart and live their own lives as if they were fully divorced. If the couple is going through a rough patch and is unsure if they want to go through with a divorce, they can try a limited divorce for a trial period and see how their relationship changes. If they do proceed with a divorce, they will have had the time to organize their finances and understand what will happen to their marital property during asset division.
A limited divorce offers other benefits. It can help speed up other important issues such as child custody and support before the divorce becomes absolute. In addition, because the couple is not officially divorced, one spouse can stay on the other’s health insurance plan for a time.
If you are looking to obtain a limited divorce, we can help you iron out details such as asset division, child custody and child support. The thought of divorce and resulting property division can be scary, especially if your spouse is the one initiating the split. Still, with our expertise and compassion, we can make the process easier. Contact us today for a consultation and we can help you determine which course of action is right for you based on your situation and goals.