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A limited divorce is similar to a separation between two spouses. A court may order a limited divorce if a couple wishes to end their marriage but there are insufficient grounds for an absolute divorce. Similarly, if a divorcing couple cannot settle their differences pertaining to finances, child custody, division of assets, etc, a limited divorce may be granted until the couple can reach an agreement for their absolute divorce and their separation is legally finalized. Much like a legal separation, a limited divorce states that two spouses will no longer live together but their marriage remains intact. Couples may choose a limited divorce for religious reasons, tax and marriage benefits, or if they hope to someday reconcile.
Limited divorces are not recognized in all states, and laws pertaining to grounds for a limited divorce may vary state by state. In some circumstances, a court may order a division of assets, child custody, child or spousal support, and temporary solutions to other marital issues. Such issues may cause stress on the couple and may prove to be disadvantageous for either or both of the parties involved.
It is also important to remember that a limited divorce allows a couple to live separately, but it does not allow them to live as if they are completely single. Since the marriage is still recognized, starting another relationship would constitute adultery, and a new marriage could not take place without first obtaining an absolute legal divorce.
Since the rules of limited divorce vary state by state, it is wise to seek the council of a divorce attorney. A divorce attorney can help assess your situation and determine if a limited divorce is right for you. An experienced divorce attorney can help you and your spouse make temporary arrangements for issues pertaining to division of assets, child support, child custody, etc, while you are legally separated. If you wish for your limited divorce to eventually become an absolute divorce, an attorney can help you through this process.
If you are planning on separating from your spouse, knowing your rights and what is involved in a limited divorce is important. Having a family law lawyer can assure you that your assets, parental rights, responsibilities, and relationship with your children are protected. A lawyer can help you resolve difficult matters in a limited divorce.
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