Divorce is typically divided into two general categories: Absolute divorce and limited divorce. Most divorce cases are actually absolute divorce cases, wherein the divorce is final, and involves a complete termination of the legal union between the partners. A limited divorce is where the parties can retain certain aspects of their legal union. In most jurisdictions, limited divorce is simply another term for legal separation.
The partners will usually be physically separated from one another, though they may still have some ability to make certain decisions as a couple.
Most limited divorce cases are granted in cases involving:
Limited divorce may sometimes be imposed for a short period of time, with the understanding that the parties may reconcile later on after they have resolved their issues. However, limited divorce can also lead to more final, absolute divorce rulings, especially if there is ongoing violence or other such issues.
Some benefits of limited divorce may include:
On the other hand, limited divorce may not be available in all instances, especially where the spouses can no longer cooperate fully with one another. Limited divorce is not available in all states; Virginia and Maryland are examples of states that allow limited divorce.
Limited divorce is a very specific type of family law proceeding. It generally requires the assistance of a divorce lawyer, as many legal issues can be involved, such as property distribution, child custody, and other topics. You may wish to hire a qualified family law attorney in your area if you are considering filing for limited divorce. Your attorney can provide you with legal advice and representation during the process to ensure that your rights are being protected.
Last Modified: 08-20-2014 07:21 PM PDTLaw Library Disclaimer
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