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Can I get an absolute divorce if my husband is living with someone else?

Can I get an absolute divorce if my husband is living with someone else?

Full question:

I live in Maryland and am a limited divorcee. My husband is now living with his girlfriend. Can I approach the court to obtain absolute divorce?

Category: Divorce
Subcategory: Grounds
Date: 04/07/2025
State: Maryland

Answer:

During a limited divorce, you and your spouse are still legally married, which means you cannot enter into another relationship. However, if your spouse is living with someone else, this may be considered adultery, which is a valid ground for an absolute divorce in Maryland.

You can approach the court to seek an absolute divorce based on your husband's adultery. The grounds for absolute divorce in Maryland include:

Adultery
Cruelty of treatment of the complaining party or a minor child
Excessively vicious conduct toward the complaining party or a minor child
Desertion
Separation, if the parties are living separate and apart without cohabitation

For more information, you can refer to Md. FAMILY LAW Code Ann. § 7-103.

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

What are the grounds for absolute divorce in Maryland?

In Maryland, grounds for absolute divorce include adultery, cruelty of treatment of the complaining party or a minor child, excessively vicious conduct toward the complaining party or a minor child, desertion, and separation if the parties have lived separate and apart without cohabitation. Each ground has specific legal criteria that must be met. For more details, refer to Md. FAMILY LAW Code Ann. § 7-103. *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.*

How do I get my husband to stop the divorce?

To stop a divorce, you can communicate directly with your husband, expressing your desire to reconcile. Additionally, you may consider counseling or mediation to address issues in your marriage. However, if your husband is determined to proceed with the divorce, you may need to accept his decision, as one spouse cannot force the other to remain married. It's advisable to consult with a family law attorney for guidance specific to your situation.

What is the judgment of limited divorce?

A limited divorce in Maryland is a legal separation that allows spouses to live apart while still being legally married. It does not end the marriage but can address issues like alimony, child custody, and support. A judgment of limited divorce can help establish rights and responsibilities during the separation period. It’s important to note that limited divorce does not permit either spouse to remarry.

What does limited divorce mean in Maryland?

In Maryland, a limited divorce is a legal status that allows spouses to live separately while remaining married. It does not dissolve the marriage but provides a framework for resolving issues such as child custody, child support, and spousal support. Limited divorce can be a step toward an absolute divorce, but it does not grant the right to remarry.