How to File for Legal Separation in Maryland

Maryland allows for legal separation.

Maryland law governs how married couples in that state can go through the process of divorce. In addition to the divorce process, Maryland law also allows couples to file for a legal separation, or limited divorce. To do this, you must meet the requirements imposed by the law, and follow the proper steps to ensure the separation is valid.

Instructions

1. Understand the difference between separation and divorce. Maryland recognizes two types of divorce:
   limited and absolute. Absolute divorce is the kind most people think of when they hear "divorce," while limited divorce is what is generally referred to as a legal separation. Maryland courts will only grant a limited divorce under certain circumstances, and it is only granted on a temporary basis. You do not need to obtain a limited divorce before you file for an absolute divorce.

2. Understand what a limited divorce can and cannot do. Limited divorces are only given in a limited number of circumstances. These divorces do not allow the parties to remarry, nor does it terminate property claims in marital property. Limited divorces are commonly used when the parties cannot come to an agreement on the issues between them, and allow the court to supervise and legalize any separation.

3. Meet the residency requirements. To qualify for a limited divorce in Maryland, either party must be a resident of the state. If the grounds for the divorce occurred outside the state, there is a one-year residency requirement. If not, either party that is a resident of the state may file for divorce.

4. Meet the grounds for limited divorce. Unlike absolute divorce, limited divorce requires that the parties meet certain grounds for filing. To qualify, the filing party must show: cruelty towards the spouse or children, excessively vicious conduct to the spouse or child, desertion, or voluntary separation such that the spouses are living apart with no hope of reconciliation.

5. File in the appropriate county. Either party may file for limited divorce if at least one is a resident. The filing party must file the petition for limited divorce in the county where the resident spouse lives. If both parties are residents and reside in separate counties in Maryland, the filer may choose either of the counties.

References

• Sailor: Maryland's Public Information Network: "Maryland Codes/Statutes & Regulations"
• Lawyers.com
• Mdlaws.com