Limited Divorce Lawyer Maryland, MD
If you are searching for a limited divorce lawyer in Maryland, it is important to understand that Maryland law changed on October 1, 2023. The legal concept of a “limited divorce” was abolished. Under the current Md. Code, Family Law § 7-103, Maryland now recognizes only absolute divorce. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys help clients navigate Maryland’s current divorce grounds and work toward resolving the issues that were historically addressed through limited divorce actions. Reach our firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
On This Page
ToggleWhat Limited Divorce Meant in Maryland, and the Current Law
Before October 2023, a limited divorce was a legal separation that did not end the marriage. A spouse could petition for limited divorce on fault grounds such as cruelty, desertion, or adultery, or by mutual consent. While the parties remained legally married, the court could issue orders concerning custody, child support, and use of the family home. Today, those fault grounds and the limited divorce procedure no longer exist. The Maryland General Assembly enacted SB 36 / HB 14, which rewrote the state’s divorce statute. The new law, Md. Code, Family Law § 7-103, provides three grounds for absolute divorce: mutual consent (which does not require a separation period), a six‑month separation, and irreconcilable differences. The concerns that a limited divorce used to address—immediate financial support, custody, and exclusive use of property—are now handled through pendente lite relief while an absolute divorce is pending. Mr. Sris and the firm’s Of Counsel attorneys appear in Circuit Courts across Maryland, including in Montgomery County, Prince George’s County, and Howard County, to seek temporary orders that provide the same protections.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Maryland Divorce Cases
A divorce filing in Maryland begins with a Complaint for Absolute Divorce in the Circuit Court for the county where one party resides. The firm focuses on identifying which of the three current grounds best fits the client’s situation. For spouses who have reached agreement on all issues—custody, property, and support—a mutual consent divorce can often be completed without a separation period. When an agreement is not yet possible, the six‑month separation ground allows a party to file and begin moving the case forward while the separation clock runs. In either posture, temporary relief can be sought to address immediate needs. Pendente lite orders can establish temporary custody, child support, exclusive use of the marital home, and spousal support while the case proceeds. Because Maryland is an equitable distribution state, the court will ultimately classify and value marital and separate property, then divide the marital property in a way the court finds fair. The firm’s approach is to develop a clear record of the facts and to present the client’s position effectively in negotiations and in court when necessary. Results may vary.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is a former prosecutor. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience. The firm’s Of Counsel attorneys have experience in Maryland family law and appear in Circuit Courts throughout the state. At the Rockville location, the firm’s attorneys serve clients from Montgomery County communities—Rockville, Bethesda, Silver Spring, Gaithersburg, Germantown, Wheaton, Kensington, Potomac, Olney, Damascus, Clarksburg, Takoma Park, and Chevy Chase—as well as Prince George’s County, Howard County, and other Maryland jurisdictions.
Frequently Asked Questions
What are the grounds for absolute divorce in Maryland?
Maryland abolished limited divorce on October 1, 2023, and now provides three grounds for absolute divorce. The three grounds are mutual consent (no separation period required if the parties have a signed agreement), a six-month separation, and irreconcilable differences. The temporary relief that used to be available in a limited divorce—such as custody, support, and use of the family home—can now be obtained through pendente lite orders while the absolute divorce case is pending. The Circuit Court in the relevant county has the authority to enter temporary orders that address the same issues. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can I still get a legal separation in Maryland?
Maryland no longer has a statutory procedure for legal separation called limited divorce. Spouses who do not yet meet the grounds for absolute divorce can, however, negotiate a separation agreement that resolves financial and parenting issues while the separation period runs. A well‑drafted separation agreement can provide the structure and clarity that a limited divorce decree used to offer. After six months of living separate and apart, a spouse can then file for absolute divorce. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How does the court handle property division in a Maryland divorce?
Maryland follows the equitable distribution principle rather than community property. The court first classifies all property as either marital or separate. Marital property is generally anything acquired during the marriage other than a gift or inheritance. Separate property—including assets owned before the marriage and individual gifts or inheritances—stays with the titled spouse. The court then divides the marital property fairly, considering factors such as the length of the marriage, the parties’ ages and health, and their financial circumstances. The court does not necessarily divide property equally; it divides it equitably. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
Do I need a lawyer to file for divorce in Montgomery County, Maryland?
You are not legally required to have a lawyer, but the procedural and financial complexity of Maryland divorce makes legal guidance important. The Circuit Court for Montgomery County, located at 191 East Jefferson Street, Rockville, MD 20850, follows the Maryland Rules of Procedure. Mistakes in the Complaint, financial disclosures, or separation agreement can delay the case and affect the outcome. Issues such as pension valuation, business interests, and spousal support require detailed financial analysis. An experienced attorney can help ensure that all required documents are filed correctly and that your interests are protected. Reach our firm at (888) 437-7747.
What is a mutual consent divorce in Maryland?
Mutual consent is a ground for absolute divorce that does not require a separation period. It is available when both spouses agree to the divorce and either have no minor children in common, or have a written agreement that resolves all issues concerning custody, child support, property division, and alimony. Both parties must sign a Marital Settlement Agreement and provide the court with the necessary financial statements. This is often the fastest path to a Maryland divorce today. For guidance on your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How does a Maryland divorce affect retirement accounts and pensions?
Retirement accounts and pensions acquired during the marriage are marital property subject to equitable distribution. A Qualified Domestic Relations Order (QDRO) may be needed to divide certain retirement assets without triggering early‑withdrawal penalties. The court will consider the portion of the retirement benefit earned during the marriage and how to divide it fairly. Cases involving federal pensions, military benefits, or employer stock options may require additional procedural steps. The timeline varies by case complexity and court scheduling. To discuss your matter, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can I receive alimony while my divorce is pending in Howard County?
Yes, a spouse can request temporary spousal support, known as alimony pendente lite, while an absolute divorce case is pending. The Circuit Court for Howard County, located at 3451 Courthouse Drive, Ellicott City, MD 21043, can award temporary support to maintain the receiving spouse’s standard of living during the litigation. The court considers factors such as the requesting spouse’s need and the paying spouse’s ability to pay. At the conclusion of the case, the court may award rehabilitative alimony for a set period or, in certain long‑term marriages, indefinite alimony. Results may vary. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
What is the residency requirement for divorce in Maryland?
At least one party must be a Maryland resident—and not just be present, but have a domiciliary intent—when the Complaint is filed. Unlike some states, Maryland does not have a minimum durational residency period for divorce; the residency requirement is met if one spouse lives in Maryland and considers it home. If the ground for divorce is the six‑month separation, the separation can occur anywhere, but at least one party must reside in the county where the case is filed. For guidance on meeting the residency requirement, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Our firm’s Maryland location serves clients in Montgomery County, Prince George’s County, and Howard County.
Montgomery County family law matters | Prince George’s County family law matters | Howard County family law matters
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Attorney responsible for this advertising: Mr. Sris. Results may vary.