#FamilyFriday – Absolute Divorce v. Limited Divorce

Many families are confused about the difference between an absolute divorce and a limited divorce.  On this week’s #FamilyFriday article, the attorneys at ERA Law Group, LLC want to help explain the two types divorce.

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Many families are confused about the difference between an absolute divorce and a limited divorce.  On this week’s #FamilyFriday article, the attorneys at ERA Law Group, LLC want to help explain the two types divorce.

An absolute divorce is absolute and terminates the marriage.  Any award made by the Court under the limited divorce may be finalized and incorporated into the Judgment of Absolute Divorce.

A limited divorce is a legal separation.  When a party files for a limited divorce it usually means one of the following: (1) the grounds for an absolute divorce have not been met, (2) there is an immediate need for financial relief, and (3) the parties cannot work amicably to settle their differences.  During the limited divorce, the parties are still married, cannot enter into sexual relations with other persons, and must live separately.  The Court may determine which party is at fault, child custody, child support, health insurance coverage, and make additional awards.

Many couples file a Complaint for Limited Divorce or, in the alternative, an Absolute Divorce for tactical reasons.  For example, perhaps your spouse refuses to discuss some or all the issues such as establishing an access schedule, paying child support, contributing to household expenses, etc.  If your spouse won’t have these conversations you may want to immediately file in order to obtain said support.  Because it may take nearly a year, or more, for the Court to schedule your final hearing, you may end up meeting the requirements for an absolute divorce.  In the off chance you don’t, filing the limited divorce may get your spouse to work amicably with you or, at the very least, adhere to an Order of the Court.

If you are separated and need assistance, call the attorneys at ERA Law Group, LLC today at (410) 919-1790!

#FamilyFriday – Can I Get Alimony?

When there’s a large disparity in income, assets, debts, etc. some spouses fear life without the financial contribution from their spouse and ask if they would be entitled to alimony.  The answer is maybe.

Spouses take on various financial roles in a marriage.  Some stay home, some work part-time while the other is the breadwinner, and some play equal roles.  When there’s a large disparity in income, assets, debts, etc. some spouses fear life without the financial contribution from their spouse and ask if they would be entitled to alimony.  The answer is maybe.  This week’s #FamilyFriday article breaks down the road to obtaining alimony.

In Maryland, the Court has a number of factors it must consider when determining an alimony award.  Some of these factors include each parties ability to be self-supporting, a party’s ability to obtain suitable employment, length of marriage, standard of living, the age of each party, any agreements between the parties and the health of the parties.  Some factors play bigger roles in the Court’s decision-making process than others.  For example, a spouse married for 30 years, in their 60s, and  having been a stay at home parent may be in a greater position of obtaining alimony than a marriage less than 5 years with both spouses making equal salaries.

After analyzing the various factors the Court can: (a) decline to award alimony, (b) award temporary alimony, or (c) award permanent/indefinite alimony.  When presenting your case for an alimony award, your attorney should strongly advocate those factors which play an important role in your case.  Your attorney should place emphasis on the length of marriage, the disparity in income, the likelihood of the less economically stable spouse to become more economically stable, the need for additional education, and, if applicable, highlight the circumstances surrounding the divorce.  A party who has physically and emotionally abused their spouse who is seeking alimony would play a far great role in the Court’s decision making than the couple who is seeking a divorce based on a voluntary separation.

In the event you and your spouse can reach an agreement about alimony, you should also consider some potential alternatives.  The alimony paying spouse may not want to have a monthly payment but may be willing to make a one-time large sum payment.  For example, perhaps the alimony paying spouse would rather offer you their share of the equity in the home than pay you alimony each month for the next 5 years.  When reaching an agreement you should speak with an attorney to be sure you don’t, or understand the consequences if you do, waive alimony.

Divorce is an emotional roller coaster.  You may not know what questions to ask, what rights you have, and what you may be entitled to but the attorneys at ERA Law Group, LLC today can help!