Filing For Limited Divorce In Maryland
 

The only real reasons to file for a Limited Divorce in Maryland is if you have issues regarding custody, visitation, child support, use and possession, alimony, counsel fees or suit money that need to be addressed in advance of the eligibility to file for an absolute divorce. Unlike the grounds for absolute divorce that require a one year separation, excluding adultery and excessively vicious conduct, the grounds for limited divorce do not require the one year separation. In fact now given the Court's holding in Ricketts v Ricketts the parties do not even need to live under separate roofs to be eligible to file for a limited divorce. As in all divorce actions there are grounds that need to be proven. To be eligible for a limited divorce you need to prove your grounds. The grounds that are available and must be proven are as follows: Desertion; your spouse left the marital home with the intention of ending the marriage. Constructive Desertion; you left the marital home because your spouse made it impossible for you to continue living in the home with your health happiness and self respect intact. NEW development in Maryland Divorce law now allow you to stay in the home and still seek a limited divorce. The case is called Ricketts v Ricketts. You must prove that you and your spouse have lived in separate bedrooms and not engaged in a marital relationship. Voluntary Separation: you and your spouse agreed it was time to end the marriage and your spouse left the marital home. ARE YOU CONFUSED YET? Call My Office We Will Discuss Your Maryland Divorce OVER THE PHONE At No Cost To You 1-888-760-7339   Normally depending upon the jurisdiction that you file your case, you will have a scheduling conference in advance of the hearing on limited divorce. At the scheduling conference, usually held before a master, you will be able to argue in a very limited fashion that you need child support. Most masters, even thought the scheduling conference is only to schedule the case, will look at the non custodial parent and his/her counsel and ask why is child support not being paid. That puts some pressure on the non paying spouse, who generally does not want to look like a complete low life, to commit with out prejudice to some manner of child support payment. I agree this does not always solve the immediate financial problems, those will not be addressed until the hearing on limited divorce, but it is a start to get money into the household. I always have my client appear at the scheduling conference with current income information and child cost information and health insurance information. The argument is, even if the parties can not get along there is no reason for the children to suffer financially.

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