When can parties to the limited divorce decree revoke the decree to reconcile in Maryland?

Full question:

I am a limited divorcee and I live in Maryland. We obtained the limited divorce two months ago. The time duration in the decree is six months. We now wish to reconcile. Can we revoke the decree now or should we wait for the time prescribed in the decree?

  • Category: Divorce
  • Date:
  • State: Maryland

Answer:

In Maryland, limited divorce does not terminate marriage. The court may decree a divorce for a limited time or for an indefinite time. However, parties through a joint application can apply for revocation of the decree and the court that granted the decree may revoke at any time on the joint application of parties. Thus, you may approach the court to revoke the decree at any time through a joint application. This is provided under Md. FAMILY LAW Code Ann. § 7-102. It reads as follows:
“***
(b) Time during which decree is effective. -- The court may decree a divorce under this section for a limited time or for an indefinite time.
(c) Revocation of decree. -- The court that granted a decree of limited divorce may revoke the decree at any time on the joint application of the parties.
***”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A limited divorce in Maryland is a legal separation that does not dissolve the marriage. It allows couples to resolve certain issues like alimony, child custody, and property division while remaining legally married. The court issues a decree that outlines the terms of the separation, which can be for a specific period or indefinite. This type of divorce is often used when couples need time apart to work on their relationship or when one party needs support without fully ending the marriage.