Divorce in Maryland can be divided into two categories: absolute divorce or a limited divorce.
An absolute divorce resolves all issues related to your separation and allows the parties to remarry after the Judgment of Absolute Divorce is entered with the clerk’s office at the Circuit Court in the county where the divorce action was filed.
A limited divorce does not terminate the marriage, does not allow you to remarry and basically grants you a formalized separation. The only relief that can be provided in a limited divorce, is:
- use and possession of a family home
- personal property
- child support
- attorneys’ fees (for the limited divorce process only)
All other issues are “tabled” until absolute divorce proceeding or the parties reach an amicable resolution.
Regardless of what type of divorce is filed, the party filing for divorce must be able to prove to the court that the grounds for divorce existed when the suit was filed. This proof is obtained by supporting evidence from an individual or individuals who have personal knowledge of the facts that caused the parties to separate and/or admissible documentation that supports the allegations as to why the parties separated. The facts of your case determine whether you are eligible for a limited divorce or an absolute divorce. You should contact an attorney to determine whether you are eligible for an absolute or a limited divorce.
Are you eligible for an Absolute Divorce in Maryland?