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A limited divorce is a legal action taken when the married couple do not have grounds for an absolute divorce and are unable to settle their dispute privately. In these cases, a court supervises a couple’s separation.
The parties live apart during a limited divorce, but they remain legally married. Neither partner has the right to have sexual relations with the other, nor remarry. Sexual relations with another person during a limited divorce are considered adultery.
The court system in a limited divorce attempts to find a party responsible for settling the dispute between the parties.
Limited Divorce Requirements
To obtain a limited divorce, one of the following four grounds must be proven: desertion, malice/cruelty, vicious conduct or mutual/voluntary separation.
The most common grounds used for limited divorce is desertion. It can be categorized as two types — actual and constructive. Actual is when abandonment occurs unjustifiably. Constructive desertion occurs when one party is forced to leave because of the misconduct of the other party.
In a limited divorce, a party need not abide by any time limit to prove desertion.
A spouse may obtain a limited divorce if he or she is able to prove that the other spouse engaged in cruelty or excessively vicious conduct.
(Source: Divorcelawfirms.com)
Are you considering a limited divorce? If so, contact us to speak to a qualified attorney family law attorney. Experienced divorce attorneys have dealt with several such cases and are knowledgeable about the rights of spouses in such circumstances.