What is a Limited Divorce? - Family Law Issues Explored

Sometimes in order to obtain an absolute divorce you need to gather enough evidence to support a total dissolution of your marriage. Yet, while you gathering this evidence you don't want to live with your spouse. This is where a limited divorce comes into play.

Definition of Limited Divorce
Under the eyes of the law a limited divorce is when a court will supervise the separation between you and your spouse. Most people who use a limited divorce do not yet have enough grounds for an absolute divorce, need immediately financial relief, and/or cannot settle their differences between themselves.

What Happens in a Limited Divorce?
In a limited divorce you and your spouse would live apart even though you are still legally married. During this time you are not allowed to have sexual relations with your spouse or anyone else and you cannot remarry.

The court will try to determine if either you or your spouse is at fault in the marriage and the court can also determine if support in the form of alimony is called for. In addition the court can settle issues such as child custody, child support, health insurance coverage, and the division of the marital property.

If you or your spouse dies during the time a limited divorce is in effect the surviving spouse is still entitled to inherit property and the ownership of any house or jointly owned property will remain the same.

The Grounds for a Limited Divorce
The most common reason for a limited divorce is desertion, although abuse, vicious conduct, and mutual or voluntary separation is also grounds to be granted a limited divorce.

Desertion comes in two forms; actual and constructive. An actual desertion is when one spouse abandons the other spouse for no good reason, or when one spouse throws the other spouse out of the marital home without a justifiable cause.

Constructive desertion is when either you or your spouse is forced to leave the marital home due to the conduct of the other spouse. For example, constructive desertion would be if your spouse was physically or verbally abusing you and/or your children and you were forced to flee to protect you or your children.

Conclusion
If you feel you desire a limited divorce you should not act until you've discussed this with a qualified divorce attorney who is familiar with limited divorce law. The dissolution of a marriage is difficult enough without the added stress of not knowing what your rights are and insuring they are protected.





For more information on family law matters, it is important to speak with a skilled New Jersey child custody lawyer and attorney at law, New Jersey prenuptial and matrimonial law attorney, or New Jersey family law attorney.