What Is the Difference Between Absolute Divorce and Limited Divorce?
Divorce is a legal process that dissolves a marriage and allows both parties to go their separate ways. However, not all divorces are the same. In fact, there are two main types of divorce: absolute divorce and limited divorce. Understanding the differences between these two options is essential for anyone going through a divorce. In this article, we will explore the dissimilarities between absolute divorce and limited divorce and answer some frequently asked questions.
1. What is absolute divorce?
Absolute divorce is the most common form of divorce. It terminates the marriage and allows both parties to be legally single again. It involves a comprehensive settlement of all issues, including property division, child custody, child support, and alimony.
2. What is limited divorce?
Limited divorce, also known as legal separation, is a more temporary form of marital separation. It does not dissolve the marriage but grants legal recognition to a separation. Limited divorce can establish financial responsibilities, custody arrangements, and support obligations during the separation period.
3. How do the grounds for divorce differ?
To obtain an absolute divorce, there must be valid grounds for divorce, such as adultery, desertion, cruelty, or separation. Limited divorce typically does not require specific grounds, as it is a temporary arrangement.
4. Can you remarry after a limited divorce?
No, limited divorce does not allow for remarriage. However, if the limited divorce leads to a subsequent absolute divorce, remarriage is possible.
5. Can I maintain healthcare benefits after a limited divorce?
In some cases, limited divorce may allow a spouse to remain on their partner’s healthcare plan. However, it is essential to review the specific terms of the insurance policy and consult with an attorney to ensure eligibility.
6. How is property division handled in each type of divorce?
In an absolute divorce, a comprehensive division of marital assets and debts occurs. In a limited divorce, property division may be temporary or postponed until an absolute divorce is granted.
7. How does child custody differ between absolute and limited divorce?
Both types of divorce can address child custody and visitation arrangements. However, limited divorce may establish temporary custody arrangements, while absolute divorce involves finalizing long-term custody agreements.
8. Are alimony and child support determined differently?
In absolute divorce, alimony and child support are determined based on various factors, including income, needs, and the best interests of the child. In limited divorce, these support obligations may be temporary until an absolute divorce is obtained.
9. Can I convert a limited divorce into an absolute divorce?
Yes, in many cases, limited divorce can be converted into an absolute divorce. The process involves filing a motion with the court, providing evidence of the grounds for an absolute divorce, and obtaining a final divorce decree.
In conclusion, understanding the difference between absolute divorce and limited divorce is crucial when navigating the complexities of divorce proceedings. Absolute divorce terminates the marriage while settling all issues, whereas limited divorce provides temporary legal separation without dissolving the marriage. Choosing the appropriate type of divorce depends on individual circumstances and goals. Consulting with an experienced family law attorney is essential to ensure the best possible outcome during this challenging time.