Legal Question in Family Law in Maryland

Re: Define: Legal Separation, Limited Divorce

A legal separation is another term commonly used for a limited divorce, which is the official term. To be eligible for a final divorce, you must have been separated by mutual agreement for 1 year. Of course there are "fault" grounds for divorce, like adultery, cruelty of treatment and excessively vicious conduct, that don't require the waiting period. You can also claim actual or constructive desertion for 1 year that is considered final, or separation without consent for 2 years.

Although you can't file for a final divorce until the applicable time period has run, you can file for a limited divorce on separation grounds and then amend your complaint to a final divorce upon the anniversary of the separation period. If the parties jointly advise the court that the divorce is not contested, you can usually get it finalized within about 60 days. An experienced family attorney should be consulted to make sure you follow the proper procedures.