Limited Divorce

Here is the straight scoop: Maryland does NOT have anything in its divorce laws that allows for a “legal separation.”

The closest thing we have is something called “limited” divorce. Most of us who are Maryland family law attorneys try not to use this form of divorce. The reason for this is that it doesn’t help much unless clients can’t agree on a separation agreement and there is some financial reason to get the litigation clock started to encourage the other party to start negotiating an agreement, or if the other party just won’t cooperate in ensuring that the family expenses are maintained during separation.

What the Courts can do if you get a limited divorce:

• Order spousal support (or alimony);
• Order child support;
• Order use and possession of the family home and family use personal property;
• Order custody;
• Order visitation or child access; and
• Decide what is or is not marital property if you and your spouse disagree, and sometimes (although rarely)
• Order you and your spouse to try to work things out so your marriage continues (trust us, as far as we know, this hasn’t happened in at least fifty years . . . but we stand to be corrected if anyone knows differently!).

What the Courts cannot do if you get a limited divorce:

• End your marriage;
• Value and/or distribute marital property, including real property and retirement accounts);

What this means is that if you don’t have “grounds” for an absolute divorce in Maryland, and your spouse won’t cooperate in negotiating a sensible financial resolution of your marital issues, you may have to file for limited divorce and hope that while the limited divorce case is pending in the courts, your spouse will agree to a sensible settlement of your marital issues.

If you think you might need to get a limited divorce, contact us today to arrange an appointment.