Grounds for Divorce

In the state of Maryland, there are two types of divorce, absolute divorce and limited divorce.  An absolute divorce is permanent and final, allows remarriage and terminates property claims.  A limited divorce is different in that it is a legal action in which the court supervises the couple’s separation.

Couples who are unable to settle their differences themselves need financial relief or do not have grounds for absolute divorce use a limited divorce.  Couples live apart, yet they remain legally married.  During this period, neither person has the right to have sexual relations with the other spouse.  Neither spouse may have sexual relations with any person outside the marriage as this is considered adultery and neither spouse may remarry.  It is up to the court to determine which party if any is at fault.  At this time, the court may also grant spousal support to one spouse based on need.  If there is no spousal support needed and no property to divide there is usually no need for a limited divorce.  Other questions that may temporarily be resolved are division of personal and real property, insurance coverage child support and custody of children.  If either spouse dies during this period, inherited property and ownership of any property owned as husband and wife reverts to the surviving spouse.  In order to obtain a limited divorce one of four grounds must be proven:  mutual or voluntary separation, desertion, excessively vicious conduct or cruelty of treatment.  In the case of a victimized spouse or minor child in custody of that spouse, the spouse not only has grounds for constructive desertion, but also a justifiable defense to the abusing spouse’s claim of desertion.

In the case of an absolute divorce or final divorce in Maryland, the grounds include: 

• One year’s mutual and voluntary separation
  Living separate and apart for one year without interruption or engaging in sexual relations with each other.
• Two year’s involuntary separation
  Both parties have lived separate and apart without sexual relations or interruption
• Adultery
• Desertion
  For one full year without legal cause, actual or constructive (you are forced to leave by the behavior of your spouse).
• Conviction of a Felony or Misdemeanor
  This requires incarceration for one year under a sentence of three or more years.
• Insanity
  Confinement to a mental institution for at least three years.
• Cruelty
  Cruelty of treatment toward the complaining spouse or a minor child of the complaining party
• Excessively vicious conduct toward the complaining spouse or a minor child of the complaining party

The filing spouse may file for more than one ground for Absolute Divorce.  The filing spouse is considered the Plaintiff and the non-filing spouse is the Defendant.  After the papers are filed, the Defendant has 30 days to respond.  If the spouse fails to respond, the court will proceed with the divorce as long as service of process has been completed properly.  Whether or not your spouse responds, you and your witness will be required to appear in court usually before a master.  After you and your witness testify, your spouse will have the opportunity to do the same.  After the hearing, the master will make a recommendation to the court to grant a divorce and offer a settlement of all marital issues. 

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