ANSWERS: 2
  • In Maryland, you can ask for two types of divorce: absolute and limited. When the court orders an absolute divorce, it means that the divorce is permanent, permits remarriage, and terminates property claims. When the court orders a limited divorce, it means that the divorce is not permanent. You are not permitted to remarry. It does not terminate property claims although the limited divorce may settle these claims. A limited divorce makes temporary decisions about custody, child support, alimony, use and possession of property. It also documents the date of your separation. Some people call this legal separation. A limited divorce is a legal action where a couple’s separation is supervised by the court. It is generally designated for individuals who do not have grounds for absolute divorce, need financial relief and are unable to settle their differences privately. In order to obtain a limited divorce in Maryland, you must meet residency requirements, grounds, and other legally prescribed laws just as you would in a case for absolute divorce. Maryland courts may grant a limited divorce even if you are seeking an absolute divorce. The courts may also decree these divorces permanently or for a limited time only. In addition, Maryland’s limited divorces may be revoked by the courts at any time the parties jointly apply to be discharged. In such cases, the parties would return to the state of being legally married. Common misconception - You are not required to get a limited divorce (sometimes referred to as a legal separation) before you can get an absolute divorce. The laws (statutes written by the legislature) on divorce in Maryland are located in “The Maryland Annotated Code under the Family Law section of the Code in subsection 7”. References to the law in the information in this Library section will look like the following “Md. Code Ann. Family Law § 7- ###”. Annulment is a relatively rare special action that establishes that your marriage never existed. If a court finds the facts necessary to grant an annulment it is as if you and your spouse were never married. The factors necessary to prove an annulment are difficult to meet and therefore courts are reluctant to grant an annulment and may grant a divorce instead. Grounds for an Absolute Divorce, Limited Divorce or an Annulment - There are three principal players involved in your marriage that will also be involved in your divorce: you, your spouse, and the state. You and your spouse cannot simply agree between yourselves to break up and file a paper stating that. Among other legal considerations, you have to give the state an acceptable reason why you should be allowed to break up. The reason is known as the ground for your divorce. Over the years, each state has passed its own legislation that governs acceptable grounds for divorce. In Maryland, there are different grounds for a divorce, a “legal separation” or limited divorce and an annulment. You may request more than one ground in your filing with the court More info here: http://www.peoples-law.org/family/divorce/divorce%20home.htm
  • "In contrast, a voidable marriage is one that can only be annulled by court order. In Maryland, such marriages are those involving fraud or duress, impotence, an underage minor, or lack of consent. When you seek an annulment, you must cite one of these reasons, known as grounds, in your annulment petition." http:// info.legalzoom.com/file-annulment-maryland-26088.html To click on the link remove the space after the //

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