What is the Difference Between an Absolute and a Limited Divorce?
Maryland Law
Maryland recognizes two different types of divorce: a Limited Divorce, governed by Family Law Article §7-102, and an Absolute Divorce, governed by Family Law Article §7-103. A limited divorce does not fully end the marriage, but can address financial matters like support and other issues (such as child related ones) before the parties are eligible for an absolute divorce. An absolute divorce fully and permanently ends the marriage. To obtain an absolute divorce, the parties must resolve all issues, including division of property, alimony, and child custody, if applicable.
Remarriage
Grounds for Divorce
To obtain either an absolute or limited divorce, certain grounds must be shown. A ground is a legal basis or reason for a divorce. Grounds for divorce in Maryland can be broken down into two basic types: “Fault” and “No-fault”. To establish a fault ground, such as adultery, a party must prove their spouse committed certain kinds of misconduct during the course of their marriage. On the other hand, no-fault grounds, such as separation, do not require any demonstration of misconduct.
Because there are legal nuances for establishing each ground listed below, it is best to discuss your circumstances with an experienced divorce attorney.
Grounds for a Limited Divorce:
- Cruelty of treatment
- Excessively vicious conduct
- Desertion
- Separation without cohabitation
Grounds for an Absolute Divorce:
- Adultery
- Desertion
- Conviction and incarceration
- Insanity
- Cruelty of treatment
- Excessively vicious conduct
- 12-month separation without cohabitation
- Mutual consent
Consulting an Experienced Attorney
There are several differences between a limited and absolute divorce, so it is best to consult a lawyer about the best approach for your situation. For years, Bethany Shechtel, Esquire has guided clients through the divorce process. If you have questions about whether an annulment is right for you, contact BGS Law today.
