There are two types of divorces in Maryland, a Limited Divorce and an Absolute Divorce. A limited divorce is a basically a legal separation orchestrated by a Judge, while an absolute divorce is the final act that terminates the marriage, resolves all marital property claims and permits remarriage.
There is no automatic need to file a limited divorce unless a person needs something from the court such as alimony, custody, visitation, child support, use and possession of the family home, and/or attorney’s fees. A person can be separated from their spouse without filing for a limited divorce, if they live separate and apart, without cohabitation. Through the limited divorce process a judge has no authority to handle the division of any marital property. The court only has authority to award alimony, custody, visitation, child support, use and possession of the family home, and/or attorney’s fees.
An absolute divorce is granted after a party has grounds for a divorce. Through the absolute divorce proceedings a judge has the authority to resolve all outstanding issues relating to the marriage, such as alimony, custody, visitation, child support, use and possession of the family home, marital property issues, retirement issues, and/or attorney’s fees.
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