# should i even bother filing for a limited divorce or wait to file for absolute?



## momtoboys (Apr 22, 2012)

my husband has told me today that he has only been nice to me and acting like he wants to work things out sometimes just so he wont have to pay the full amount in child support. He is suppose to pay 800-900 for 2 kids. He wants to only pay 200 a month. My oldest son is by another man and he pays 365 a month just for one kid. So 200 for 2 kids, thats not much at all.

after he has said this, i am so hurt that i am going to start the divorce ball going. I have filed for child support almost 2 months ago and it still has not gone through yet. We have to be separated for a year in the state of Maryland to get divorced. So i am considering filing for limited divorce (a legal separation) so i can get custody of my kids, get the child support going, etc. Would this be in my best interest of should i wait to file for absolute divorce (which will be in sept). Right now he is about to get kicked out of the army and will have no income soon. So he is willing to give me everything i want as far as furniture and as far as the kids go, so i wanna file now so i can get what i want out of the kids (full physical and legal custody of the kids. I deserve it, he is barely involved). He can not afford to fight anything so i want to file now while i can. I want him to have visitation i just want sole custody of my kids.

So would limited divorce be my best option or wait to file for absolute divorce??


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## I want the kids! (Apr 17, 2012)

You have to figure out what the upside and downside to each process would be. If you wait will you H get his act together and fight you on anything. Can you afford to wait financially?

What is the cost of doing this twice vs just waiting.

If it was me and I could get the kids right now I would not wait another second.


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## momtoboys (Apr 22, 2012)

well ive been told i cant just out right file for custody, it goes with divorce. i dont really wanna wait til sept to get custody of my kids. A limited divorce would mean he can not with hold things from me (he tried to not give me the title to my car) and id get custody of my kids.

There will be no fight, he said he is not fighting.


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## I want the kids! (Apr 17, 2012)

Just because he said there wouldn't be a fight doesn't mean he won't change his mind. I recomend you do what you can to protect yourself and your kids.

Good luck,

PS my WW lies all the time. Just check out some of my posts. It seems like my stuff is scary compared to a lot of others.

Take care and write often, it helps me cope.


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## EleGirl (Dec 3, 2011)

In Maryland you can file for divorce now. And it will not be final for a year. I'd go for the full divorce. Why first pay for the limited and then for the full divorce.

I know someone who got a divorce in maryland. He filed the day his wife left him. She left the children with him. He was able to get an interim custody determination pretty quickly when he first filed. Then a year later the divorce was finalized with him having 100% custody and her only visitation.


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## momtoboys (Apr 22, 2012)

EleGirl said:


> In Maryland you can file for divorce now. And it will not be final for a year. I'd go for the full divorce. Why first pay for the limited and then for the full divorce.
> 
> I know someone who got a divorce in maryland. He filed the day his wife left him. She left the children with him. He was able to get an interim custody determination pretty quickly when he first filed. Then a year later the divorce was finalized with him having 100% custody and her only visitation.





Thank you! this was a reply i was sort of hoping to see. I wasnt sure if i could file for an absolute divorce yet or not. I spoke to a lawyer and he told me i could file for a limited divorce but not an absolute divorce. It's almost a year though, by the time it gets to court, it'll pretty much be a year, lol. Took me about 6-8 months in court for custody of my oldest with his dad and there wasn't much of a fight with him only over certain things. So im assuming it'll take just as long.


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