Maryland divorce laws

Learn approximately the 2 different forms of divorce in Maryland.

Topics in this page

Two Types of Divorce

What are grounds?

Absolute Divorce

Limited Divorce

Two Types of Divorce

Under Maryland law, marriage is a civil settlement among two humans.  A divorce is a felony ending of a marriage ordered via a court docket.

In Maryland, there are two varieties of divorce: absolute divorce and constrained divorce.

An absolute divorce is a permanent end of the marriage. If a court grants an absolute divorce, the very last order of the divorce is ready forth in a “divorce decree” or “decree.”

A confined divorce is a prison separation, and does no longer quit the marriage.

To gain an absolute divorce or restrained divorce, a married couple should meet statutory residency requirements.

What are grounds?

The permissible grounds, or reasons for divorce, are set out in the Maryland statutes. A divorce can most effective be granted based on the grounds targeted within the statutes.

Read the regulation: MD Code, Family Law Article, Title 7

Absolute Divorce

An “absolute divorce” permanently dissolves the marriage.

When filing for an absolute divorce, a person ought to set forth grounds, or motives for the divorce. Grounds for Absolute Divorce include:

One-12 months separation

Mutual consent



Cruel remedy



Once a decree of absolute divorce is entered, both person can remarry. Also, any at the same time-owned property is split and allotted in accordance with an settlement (together with a prenuptial agreement or different written agreement), or with the Marital Property Act. After belongings has been allotted, neither individual can claim possession of property belonging to the alternative.

Read the Law: MD Code, Family Law Article, § 7-103

Limited Divorce

A constrained divorce (or criminal separation), is a legal action where a married couple is separated. A confined divorce is NOT a everlasting termination of the marriage. Instead, the couple remains legally married even as dwelling separate and aside from one another. During a constrained divorce, neither partner may also remarry or have sexual relations with another character. If one spouse has sexual members of the family with any other character, that partner has devoted adultery.

A restricted divorce isn’t always required earlier than acquiring an absolute divorce. In some occasions, a courtroom may also grant a limited divorce despite the fact that an absolute divorce is sought.

A restricted divorce is typically utilized by folks that (1) do no longer yet have grounds for absolute divorce, (2) need economic remedy, and (three) aren’t able to settle their differences privately. Learn greater approximately the distinction between absolute and restrained divorce.

When submitting for a restricted divorce, a person have to set forth grounds, or reasons for the limited divorce.

Grounds for Limited Divorce consist of:



Cruel remedy and excessively vicious conduct

Keep in mind that except the choose symptoms a new court order, the present baby help quantity and order will not be changed. So, to guard yourself, even if you have a verbal agreement with the other parent to change the kid assist quantity, positioned it in writing and have a decide sign it. That manner you’ve got a present day toddler assist order that reflects the present day quantity.