Legal Question in Family Law in Maryland
Limited vs. absolute divorce
If you file for a limited divorce in Maryland...then discover
proof of the adultery you knew was happening...can you amend
or re-file for an absolute divorce?
Thanks
2 Answers from Attorneys
Re: Limited vs. absolute divorce
The short answer is yes. The longer answer is that a complaint can be amended pretty freely if the amendment is made at least 15 days before any scheduled trial date. The opposing party then has the right to file something with the Court to convince it that the amendment shouldn't be allowed. If you seek to make the amendment within 15 days of any scheduled trial date, then you must either have the permission of the opposing party or the leave of court to make the amendment.
There may be other issues regarding making an amendment in your case which I cannot address here since I do not know any of the details of your case. I would encourage you to contact an attorney to discuss the details of your case to get advice that is more tailored to your specific situation.
Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.
Re: Limited vs. absolute divorce
Yes if within 15 days of the scheduled court date. Whether such is advisable is another matter. A limited divorce does not settle all matters between the wedded couple. Contact me if you would like to discuss.
G. Joseph Holthaus
(410) 799-9002