Monday, November 7, 2011

How can I get a divorce in MD without waiting for 12 months?

I'm sorry, but without adultery or cruelty, in the state of Maryland, you have to wait 12 months to be granted an absolute divorce. In the meanwhile, you can file for a limited divorce with the courts. Limited divorce is basically a separation agreement. This would be a pretty simple agreement to put into writing since all you have to say is that you're both not seeking alimony nor have any significant property to divide. When the 12 month waiting period is up, the judge can incorporate the separation agreement into the divorce decree. (I think the filing for absolute divorce goes through the docket quicker if you already have a limited divorce on file.) I'm sorry that you cannot get the absolute divorce immediately as you seek, but this is a situation that calls for patience. The rationale for the waiting period isn't meant to only protect the children. If people get into a fight, they can file for divorce, and then make up shortly therafter-- they would have to get re-married. It clogs up the system to have the courts dealing with the paperwork for a divorce and a re-marriage over a couple having an argument. So that's why couples are forced to wait. Maybe 6 months would be better, and that's why some states have that waiting period instead, but this is the state of Maryland and for better or worse, 12 months is how long the waiting period is here.

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