The Definition of Legal Separation in Maryland
In Maryland, if a married couple wishes to legally separate they may do so. Maryland's term for a legal separation is a "limited divorce." Couples may choose to file a limited divorce because they are opposed to divorce on religious grounds or because they wish to keep some of the benefits of marriage.
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Parties
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In Maryland, a husband and wife may elect to file for a limited divorce instead of an absolute divorce.
Grounds
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In Maryland, the grounds for a limited divorce are different than the grounds for an absolute divorce. Acceptable grounds for a limited divorce include cruelty of treatment, vicious conduct, desertion, or voluntary separation if the parties are living apart and there is no hope of reconciliation.
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Residency
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Either your or your spouse must have lived in the state of Maryland for one year prior to filing the petition for a limited divorce.
Procedure
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The procedure for filing a limited divorce in Maryland is much the same as filing for an absolute divorce. A petition must be filed and served on your spouse.
Difference between absolute and limited divorce
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In a limited divorce the parties are not legally divorced and cannot remarry. Additionally, the court may require you to attempt to reconcile. A limited divorce may also only be granted for a limited period of time after which you will need to decide whether you wish to convert the action to an absolute divorce or not. A limited divorce may also be advisable for insurance or tax benefit considerations.
Issues
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In a limited divorce the court can decide the same issues that it decides in an absolute divorce such as custody, property division and debt allocation.
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References
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