Limited Divorce On Separation Grounds Will No Longer Require A Voluntariness Component

Maryland’s law on limited divorce is changing.  Not so long ago, the most common grounds for absolute divorce in Maryland (one-year separation) was changed so that the separation no longer had to be “voluntary.”  Unfortunately, the corresponding limited divorce ground continued to have the “voluntary” requirement, making the two statutes incongruent and maddening prospective divorcees.

Starting October 1, 2015, however, the limited divorce ground of separation will be parallel to its absolute ground counter-part. That is, the separation of the spouses no longer has to be “voluntary” in order to proceed on the separation grounds for a limited divorce.

What does all of that mean for you? Well, if you are considering separating from your spouse and need to file for a limited divorce (what folks think of as a legal separation) because you need alimony, use and possession, child support, an access schedule for the children, or attorneys’ fees, you no longer have to demonstrate that the separation was voluntary, just that you are separated.

The attorneys at McCabe Russell, PA, have offices in Howard County and Montgomery County, Maryland, and have helped hundreds of clients through the divorce process. Please contact the firm to make an appointment for a consultation.

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