Maryland recognizes two types of divorce. In an absolute divorce, the court invalidates the marriage contract after one party proves that he or she has grounds for divorce. No grounds are necessary for a limited divorce, also known as a legal separation, but both parties are expected to abide by the terms the court sets for the specified length of time.

Unlike many other states, Maryland has not adopted a general no-fault divorce policy and still requires one spouse to prove the following before issuing an absolute divorce decree:

  • Adultery
  • Desertion
  • Criminal conviction
  • Cruelty or vicious conduct
  • Incurable insanity
  • Voluntary separation of at least 12 months

Some couples decide on limited divorce as a way to establish grounds for an absolute divorce. This option gives a couple time to work out an agreement about child custody, child support or spousal support. A limited divorce is also the best option if one spouse has a medical condition and needs to retain health care coverage through the other spouse.

A limited divorce agreement comes with the following restrictions:

  • Spouses must live apart
  • They cannot have sexual relationships or remarry
  • They cannot continue sexual relations with each other
  • They are prohibited from actions that intentionally reduce value of marital assets

Still confused? An experienced Maryland divorce attorney can advise you about all your divorce options and help you decide which route is the most advantageous for you and your children.