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PROFESSIONAL. RESPONSIVE. RESULTS. What is an absolute divorce? maryland's top legal team

What is an absolute divorce?

An absolute divorce in Maryland may be considered a regular divorce in other states. It terminates the marriage between two spouses. After the court finalizes the divorce, the couple is no longer legally married.

When individuals want to file for divorce, they must cite a ground for divorce. This may include a fault ground or no-fault ground depending on the situation. For no-fault grounds, spouses can claim a 12-month separation and mutual consent. The separation grounds allows an individual to legally get an absolute divorce without the consent of the other spouse. With this no-fault ground, the opposing spouse will not be able to answer to a fault ground. When mutual consent is claimed in a divorce filing, couples can agree to the terms of the split through a settlement agreement.

What are some fault grounds?

Although individuals have the option to claim no-fault grounds, some spouses may wish to file with a fault ground cited. This could depend on their situation and how much turmoil was involved. Couples involved in this method of filing may have their claim answered by the filing of the other spouse. Absolute divorce grounds include adultery, desertion, conviction of a crime, insanity, cruelty and vicious conduct. Since no-fault grounds do not need the consent of the other spouse or evidence to prove fault, these cases may display a simpler process rather than one including a fault ground.

What is a limited divorce?

Some married couples may wish to acquire a limited divorce rather than an absolute divorce. A limited divorce is also known as a legal separation. For these cases, the couple is still married. There is no official severance of the marital bond. However, the couple can decide to use the limited divorce to obtain an absolute divorce after a year of living separately. Since there are marital benefits maintained in a limited divorce, some couples are content with this situation.

Do I still need to cite grounds for a limited divorce?

Spouses need to cite grounds for a limited divorce just as they do for an absolute divorce. Reasons for a limited divorce can include separation without cohabitation, cruelty, desertion and excessive vicious conduct.

Albers & Associates is comprised of experienced personal injury, criminal defense, and family law attorneys. Our firm is proud to serve clients in Baltimore, Maryland. If you require strong legal representation that will fight to protect your future, contact the attorneys at Albers & Associates to schedule a consultation.


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