Divorce and Separation

Under Maryland law, an "absolute divorce" terminates the marriage, allows the parties to remarry, and enables a court having jurisdiction to determine property, support and parenting issues between the parties. Maryland recognizes the following grounds for such an "absolute divorce": one-year separation; adultery; desertion (or constructive desertion) for one year; cruelty; excessively vicious conduct; incurable insanity under certain conditions; and certain criminal convictions and sentences. In cases of desertion, cruelty and vicious conduct, it must be shown that there is no reasonable expectation of reconciliation. A separation requires that the parties live separate and apart without cohabitation continuously for the relevant period. Spouses are not considered "separated" in Maryland, unless they are not living under the same roof, even if they occupy separate bedrooms, discontinue sexual relations, and are essentially living  separate lives. In addition to an "absolute divorce", Maryland law provides for a "limited divorce", in essence a court-sanctioned separation. In cases of "limited divorce" the parties remain married, however the court may order spousal and child support payments and award the use and possession of the family home and contents, and other personal property used by the family such as an automobile. A "limited divorce" may be based upon the following grounds: voluntary separation of any length (pursuant to express or implied agreement), without a reasonable expectation of reconciliation; cruelty; excessively vicious conduct; and desertion (or constructive desertion).There may be additional requirements for either "absolute divorce" or "limited divorce", including residency, obtaining personal jurisdiction over the defendant spouse, proof of the marriage, and corroboration of evidence. The proof required for divorce in any particular case should be discussed with counsel.

Prior to the final hearing or trial, the court may award spousal and child support, custody, visitation, use of the family home and family use property, and attorneys' fees on an interim basis.