As you need to comply with certain laws in order to get married, the same way you must fulfill certain requirements in order to get divorced. As marriage is a civil contract between two people, divorce is a legal ending of that contract, and it must be court ordered. In Maryland, you can get a limited or an absolute divorce. If you opt for absolute divorce, your marriage will permanently be terminated. On the other side, limited divorce means you will legally be separated. However, by getting a limited divorce, you are not ending your marriage. The final order of an absolute legal separation is set forth in a divorce decree. In order to get divorced, a married couple should hire best divorce lawyers in MD and meet certain statutory requirements.
As we said, this type of separation will permanently dissolve your marriage. When filing for it, you must have firm grounds for divorce. Some of them include the following.
- One-year separation
- Mutual consent
- Cruel treatment
If you and your spouse have been living separately for more than one year and you didn’t have sexual relations, you have grounds for ending your marriage. Mutual consent is sufficient for filling a divorce if you do not have any minor children in common. Only a written settlement agreement is enough to get a court ordered decree.
In a case of adultery or voluntary sexual intercourse between a married person and another person is a valid reason for divorce. In a case of cruel treatment or abuse of a spouse or a minor child of the spouse, you can end your marriage. In case your spouse is legally insane, or kept in a mental institution or a hospital, for at least three years, you have grounds for legal separation. Lastly, if your spouse has been convicted of a crime or sentenced to serve jail time for three or more years. You have the right to get divorced, but your spouse must have served at least 12 months of the sentence before the time of the filing. Once you get a divorce decree, you have the right to remarry. If you have any jointly-owned properties, it will be divided according to your previous agreement or the Marital Property Act. If you want to learn more about Maryland family and divorce law, contact Baltimore County legal firms for divorce.
Limited divorce is otherwise known by the name legal separation, and it involves an action where a married couple is separated. This action doesn’t permanently end the marriage, it only means the couple is living separated from one another. During limited divorce, a spouse doesn’t have the right to remarry or have sexual relations with another person. A limited divorce is usually used by people who do not yet have grounds for an absolute divorce. In certain cases, this type of legal separation is also used by people who seek financial relief or aren’t able to settle their differences privately. If you are going to a process or terminating your marriage, you need adequate legal help and support. Consult with a local attorney to discuss your options and get a review of your Maryland divorce case.