Can I Get a Legal Separation From My Spouse in Maryland?
There are many situations in which a married couple may choose to live apart but, for one reason or another, are not prepared to proceed with a divorce. Sometimes the couple simply decides to engage in a “trial separation” with hopes of later reconciliation. But in other cases, one spouse or the other may wish to formalize a legal separation that stops short of divorce.
In some states you can file a petition to recognize a “legal separation.” Maryland does not recognize such an action. Instead, Maryland does allow a person to seek either a “limited” or an “absolute” divorce. A limited divorce is in many respects the same thing as a legal separation in that it resolves certain financial and child custody issues without legally ending the marriage. An absolute divorce, in contrast, means that a Maryland court has legally dissolved the marriage.
Do I Need to Separate From My Spouse Before Seeking an Absolute Divorce?
You do not have to seek a limited divorce before asking for an absolute divorce. But if you seek either form of divorce, you do need to provide the court with grounds–i.e., a legally acceptable reason–for your request. “Voluntary separation” of any length of time is a ground for limited divorce. Similarly, separation for at least 12 months is grounds for an absolute divorce. These are considered “no-fault” grounds in that it is unnecessary to prove the other spouse engaged in some sort of misconduct, such as adultery or desertion, before a court may grant relief.
Given the absence of any waiting period, a limited divorce may be useful when you have been living apart from your spouse for less than one year but you still require an immediate resolution of certain issues, such as custody of your children or financial support. You and your spouse could also negotiate a “separation agreement” to sort these issues out. Such agreements are useful in later proving that you were, in fact, separated should you later seek an absolute divorce on those grounds.
One thing to keep in mind is that a separation agreement is legally enforceable, but only up to the point a court grants an absolute divorce. At that point, the agreement’s terms only remain in effect if they are incorporated into the court’s final divorce decree. While judges will typically follow the terms of a separation agreement or other negotiated settlement, the court is not bound by them, particularly when it comes to deciding issues involving child custody and visitation, where the child’s best interests take legal priority.
Contact Greenbelt, Maryland, Family Law Attorney Robert Castro Today
This article has been provided by the Law Office of Robert Castro. For more information or questions contact our office to speak to an experienced lawyer at (301) 705-5253.
