In Maryland, there are two types of divorce: limited and absolute. A limited divorce is usually sought before the parties have been living separate and apart for one year. It deals with issues that cannot wait, such a child custody, visitation, child support, alimony, and use and possession of the family home. A limited divorce does not address the division of marital property.
An absolute divorce does everything a limited divorce does and it also divides marital property.
The grounds for limited and absolute divorce can be divided into two groups: those that require a separation and those that do not. When spouses separate a legal clock starts ticking. If both spouses were agreeable to the separation, either spouse can seek a limited divorce immediately and an absolute divorce after one year. If one spouse left unilaterally, that spouse cannot seek a limited divorce and must wait two years before seeking an absolute divorce. The spouse who got left can seek a limited divorce immediately and an absolute divorce after one year. But if the spouse who left was driven out of the home by domestic violence, they can seek a limited divorce immediately or an absolute divorce after one year. In all cases where a separation is required, the separation must be continuous and without interruption. One night in the house together resets the clock to zero. One act of sexual intercourse resets the clock to zero.
The vicitim of substantial domestic violence can also seek an absolute divorce even though the parties are still living in the house together. This ground overlaps with the domestic violence situation where one spouse has been driven out of the home. In practice, domestic violence is usually dealt with first by a protective order that removes the offending spouse from the home.
All of these rules usually have little impact. But there are several situations in which the divorce rules can create problems. First, you must have a ground for divorce. I have seen cases tried before a judge only to have the matter dismissed because nobody proved a ground for divorce. While child custody, child support, visitation, and use and possession can be addressed independently from a divorce, alimony can only be granted as part of a divorce or if the person seeking alimony can prove a ground for divorce. That means if one spouse leaves unilaterally and cannot prove that they were driven out of the home, they cannot seek alimony for two years unless their spouse seeks a divorce first.
These rules are archaic and have been abandoned by most states. They are designed to punish people and discourage divorce. In realty, they merely encourage finger pointing and blaming. They also encourage tactical games and lying.
Lee S. Ashmore is a Maryland divorce lawyer who handles family law matters, including divorce, child custody, visitation, child support, alimony, property division, adoption, guardianship, separation agreements, domestic violence, paternity, contempt, and collections in Howard County, Maryland, Columbia, Maryland, Ellicott City, Maryland, Elkridge, Maryland, Savage, Maryland, Clarksville, Maryland, Glenelg, Maryland, West Frienship, Maryland, Glenwood, Maryland, Highland, Maryland, Marriottsville, Maryland, Woodstock, Maryland, Anne Arundel County, Maryland, Laurel, Maryland, Jessup, Maryland, Glen Burnie, Maryland, Annapolis, Maryland, Fort Meade, Maryland, Crofton, Maryland, Beltsville, Maryland, Baltimore County, Maryland, Catonsville, Maryland, Montgomery County, Maryland, Silver Spring, Maryland, Olney, Maryland, Burtonsville, Maryland, Prince George's County, Maryland, College Park, Maryland, Bowie, Maryland, through litigation, negotiation, medication and collaborative law.