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What are the different types of divorce in Maryland?

On Behalf of | Oct 4, 2022 | Divorce |

There are many reasons that people decide to end their marriages in Maryland. Sometimes the decision to get a divorce is a mutual decision between the spouses. They may find themselves in many fights over actions of the other spouse or they simply fall out of love. Other times it may just be one spouse that does not want to be in the marriage any more and wants the divorce. This could be because only they are upset or they may find someone else they fall in love with instead.

Two different types of divorces

No matter what the reason is for wanting a divorce, when people in Maryland decide to get a divorce they have a couple of different options. One is a limited divorce. These are basically legal separations where the couple or the judge can divide the couple’s property and make custody decisions, but the couple remains legally married.

The other type of divorce is an absolute divorce. The same decisions are made in an absolute divorce however, after the divorce is complete the couple will no longer be married to each other.

In order to file for an absolute divorce, people need to meet certain requirements. The first way people can have an absolute divorce is if both spouses agree to the absolute divorce. In addition to agreeing to the divorce, the couple will also need to reach agreements on all the issues that need to be resolved during the divorce and provide a settlement agreement to the court.

Grounds for an absolute divorce

If there is not an agreement between the spouses, then the spouse seeking a divorce must allege certain grounds based on the fault of the other spouse. Grounds for a contested absolute divorce include, but are not limited to the following:

  • Infidelity on the part of one spouse
  • The couple separates for at least 12 straight months without interruption
  • Being convicted of a crime that results in at least a three-year prison sentence and at least 12 months has been served at the time of filing for divorce
  • That one spouse is cruel or vicious towards the other or the children and the couple will not be able to reconcile as a result

There are many people in Maryland who want a divorce from their current spouse. However, it may be a little more difficult than they realize. Experienced attorneys understand both the grounds for divorce and also how to resolve divorces. They may be a useful resource and able to guide one through it.