In Maryland you can be granted a Limited Divorce and/or an Absolute Divorce. A Limited Divorce is used to obtain the temporary relief sometimes needed immediately after separation. For example your spouse has left the home and is not paying toward rent, food, alimony, child support, etc., and you need money now. You can file for a limited divorce and you do not have to wait for the normal one year separation. You can file immediately.  An Absolute divorce in Maryland requires that you stay separate and aprt from your spouse for one year before you can file the complaint for absolute divorce. The only exceptions are if your spouse is committing adultery or treating you with excessively vicious conduct. The absolute divorce is the final divorce and addresses all the issues of the marriage, including, custody, visitation, child support, use and possession, alimony, equitable distribution of marital property and counsel fees.

The grounds which are available for a Limited Divorce are:

Desertion; your spouse left the marital home with the intention of ending the marriage.

Constructive Desertion; you left the marital home because your spouse made it impossible for you to continue living in the home with your health happiness and self respect intact. NEW development in Maryland Divorce law now allow you to stay in the home and still seek a limited divorce. The case is called Ricketts v Ricketts. You must prove that you and your spouse have lived in separate bedrooms and not engaged in a marital relationship.

Voluntary Separation: you and your spouse agreed it was time to end the marriage and your spouse left the marital home.

Adultery; is defined as sexual intercourse with some one from the opposite sex that is not your spouse. It is proven by evidence of propensity to commit adultery and opportunity. A person who commits adultery can not be compelling to testify against themselves for any act occurring with in one year. Adultery can be proven my admission of the adulterous party only under circumstances where the case is hotly contested and there are no indications of collusion.

Desertion; your spouse left the marital home with the intention of ending the marriage and you and your spouse have remained separate and apart for one year and there is no hope you will ever get back together again.

Constructive Desertion: you left the marital home because your spouse made it impossible for you to continue living in the home with your health happiness and self respect intact. And you and your spouse have remained separate and apart for one year and there is no hope you will ever get back together again.

Excessively Vicious Conduct.

Voluntary Separation; you and your spouse agreed it was time to end the marriage and your spouse left the marital home. And you and your spouse have remained separate and apart for one year and there is no hope you will ever get back together again.

Conviction of a Felony;

Two Year Separation;

Insanity;

toll free 1-888-760-7339 

Count on an Attorney With Experience