What is The Meaning of Absolute Divorce in Maryland Montgomery Lawyer?

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Divorce is defined as the termination of a marriage legitimately. In almost all states in the United States of America, divorce is done in two ways.

These two ways are the following:

  • Partial divorce; and
  • Complete divorce.

The complete divorce is also known as the absolute divorce in the state of Maryland. An absolute divorce is when a individual of the terminated marriage can marry another person once he/ she finalizes the absolute divorce with the other individual. A limited divorce is when both spouses of a marriage agree to be separated by law for a period of time. This is done through a court of law. A limited divorce, in the state of Maryland, can be transferred into an absolute divorce after the separation period between the two spouses which was agreed in a court of law ends thus allowing the two individuals or spouses of the marriage to file a lawsuit in a court of law for an absolute divorce.

In the state of Maryland, a court of law will ask for a condition so that an absolute divorce can go through between two parties. In the state of Maryland, the law recognizes two types of reasons for which eight grounds or conditions go under these two types. The two types are a no-fault dissolution of marriage and a fault dissolution of marriage. A fault dissolution of marriage is where the dissolution of marriage is done due to one of the parties committing a fault for which caused the other party to file a lawsuit for an absolute dissolve bonds of matrimony. A no-fault dissolution of marriage is where the dissolution of marriage is agreed mutually and not because of a fault of one of the parties. Any court of law in the state of Maryland will only recognize eight conditions or grounds for which an absolute dissolve bonds of matrimony can go through between two spouses. The eight grounds or conditions are the foundation of the two types of reasons for an absolute dissolve bonds of matrimony that are mentioned above. These eight conditions or grounds for an absolute dissolve bonds of matrimony in the state of Maryland are:

  • Adultery – one of the spouses committed adultery with another individual. Adultery is defined as the sexual intercourse between two individuals in which at least one of them is married to another person other than the one he/ she has done sexual intercourse with;
  • Desertion – one of the spouses leaves the other spouse without any reason given. If there was a reason recognized by law, the party that was left alone will become the party that deserted the other. Desertion is defined as the act of leaving a party or an organization;
  • Separation voluntarily – the parties or spouses have agreed to separate for a set period of time indicated by law without any interruption in the set period. The period is 12 months in the state of Maryland;
  • Criminal conviction – one of the parties has committed a crime which may be recognized as either a felony or a misdemeanor. In the state of Maryland, a conviction can be used as a ground for a dissolution of marriage if the party that committed the crime was punished with imprisonment for a period that may not be less than three years and that he/ she spent one year of that punishment in prison already before the absolute dissolution of marriage is filed;
  • Separation involuntarily – the parties separated without an agreement to do so for at least two years.
  • Insanity – insanity is defined as mental illness or madness. Insanity could be a ground for an absolute dissolution of marriage if three conditions are present. These are the following:

a. The party that is said to be insane has been checked by two specialists and both said that the insanity will remain for life;

b. The insane spouse or party has been in an institution for such cases for at least three years; and

c. One of the spouses has been living in the state of Maryland for two years before filing for an absolute divorce.

  • Cruelty – one of the parties has been cruel to the other or to the other party’s child; and
  • Vicious action – one of the parties has been vicious to the other or to a minor child of the other party or spouse. Vicious is defined as violent.

If you need a Maryland Divorce Lawyer to help you with your divorce case in Maryland, call us at 888-437-7747. Our Maryland divorce attorneys can help you. B