HOWARD COUNTY MARYLAND 101: "BEST 10" ATTORNEY CHARLES WARE

www.CharlesJeromeWare.com.  "Here to make a difference."
[For informational purposes only; not intended as legal advice]
In the State of Maryland, "marriage" is a civil contract between two people or parties (regardless of gender) recognized under Maryland law.  "Divorce" is the ending of a marriage as ordered by a court (in Maryland, it is a Circuit Court).  The Circuit Court may issue an order or "decree" of divorce to end a marriage when there are certain grounds that have been met.
There are two types of divorce in Maryland: (1) absolute and (2) limited.  It is the "limited" divorce that is sometimes referred to as a "legal separation".  Certain grounds are necessary for both types of divorce.

I. ABSOLUTE DIVORCE

An "absolute divorce" actually dissolves the marriage.  Once the court-ordered decree of absolute divorce is "entered", the parties (persons) are free to marry again (remarry).  Further, one party can no longer automatically inherit property from the other party.  Any property previously owned by the couple in their marriage automatically becomes property held in common; which means each party owns one-half of the property.

The absolute divorce decree may provide, among other things, for:

1. Custody of children;
2. Payment of Alimony;
3. Payment of child support;
4. Division of marital property; et al.

Some common and basic grounds for Maryland divorce include, but are not limited to:

1. Adultery;
2. Desertion;
3. One-year (12) months separation; and
4. Cruelty of treatment.

II. LIMITED DIVORCE

A "limited divorce" is a legal action where a couple is declared separated.  That separation is supervised by the court.  A limited divorce is generally used by people who:

1. Do not yet have grounds for an absolute divorce;
2. Need financial relief; and
3. Are not able to settle their differences privately.

When the court orders a limited divorce, it means the divorce is not permanent.
During a limited divorce, the parties live apart, but they remain legally married.  Although they are still married, neither party has the right to have sexual relations with the other (although they may do).  Further, the parties may not remarry (anyone else).  If a party in a limited divorce has sexual relations with another person during a limited divorce, that party is considered to have committed adultery.
The limited divorce can resolve issues or questions of:

1. Child custody;
2. Child support;
3. Spousal support
4. Health insurance coverage;
5. Division of property; and
6. Use and possession of property.

[And see, Understanding the Law: A Primer, by Attorney Charles Jerome Ware (2008); Maryland Family Law, 4th ed., John F. Fader, II and Richard S. Gilbert (2006); Maryland Divorce & Separation Law, 9th ed. MICPEL (2009)]