In a limited divorce, the right to cohabitate is terminated, but the court refrains from officially dissolving the marriage and the parties’ statuses remain unchanged. Some states allow conversion divorce. Conversion divorce transforms a legal separation into a legal divorce after both parties have been separated for a statutorily-prescribed period.
Furthermore, a limited divorce is a legal action where a couple’s separation is supervised by the court. A limited divorce does not end the marriage. A limited divorce is generally used by people who:
- Do not have grounds for absolute divorce yet;
- Need additional financial relief and;
- Are unable to settle their differences privately.
For instance, according to the Maryland Courts, to obtain a limited divorce in Maryland, you must meet residency requirements and other legally prescribed laws just as you would in a case for absolute divorce. Keep in mind though that you are not mandated to obtain a limited divorce before you can receive an absolute divorce.
When the court orders a limited divorce, it means that the divorce is not permanent. Some people refer to this as legal separation. The limited divorce may be indefinite (last for an unspecified length of time) or for a limited time only. Additionally, both spouses may jointly request the court to revoke the limited divorce at any time. When granting a limited divorce, the court determines if either party is at fault.
The limited divorce can make temporary decisions about:
During a limited divorce, the parties do not live together but remain legally married. This means:
- Neither spouse can remarry;
- There is a documented date of separation between the spouses;
- If the spouses have sexual relations with each other after that date, it will restart the time requirements for obtaining an absolute divorce based on the ground of separation;
- Sexual relations between one spouse and a third person during a limited divorce are considered adultery and;
- If one spouse passes away while a limited divorce is in place, the other spouse may still inherit property.
Unless the divorce decree says otherwise, the form of ownership for any property you own as spouses (for example, a house owned as tenants by the entities) will remain the same. When a court decrees a limited divorce, it signifies that the separation will be temporary. This is known as legal separation by some.
Furthermore, a legal separation can be defined as a court order declaring that a couple is no longer living together. It declares that all issues relating to the marriage have been resolved (child custody, child visitation, child support, spousal support, property distribution, attorney fees, and personal conduct), but the couple’s marital status remains the same for the moment.
The type of ownership for any property you possess as spouses (for instance, a house owned as tenants by the couple) will remain the same until the divorce judgment states otherwise. For religious reasons, a limited divorce agreement can be beneficial. A court may grant spousal and child support, as well as use and custody of the marital residence and some categories of personal property when a limited divorce is awarded.
Lastly, the court may decide the ownership of personal property or order the sale and split of proceeds under state law, but not real estate property. Minor children’s interim custody may also be determined by the court.
What is the Difference Between Limited and Absolute Divorce?
An absolute divorce is when a court declares that a marriage is over. As a result, an absolute divorce is a judicial dissolution or termination of matrimonial bonds. It happens as a result of marital misconduct or another statutory reason that arises after a marriage ceremony, resulting in the parties’ status being changed from coverture to single.
An absolute divorce, in other words, is when a marriage comes to an end. The only way to receive an absolute divorce is for the court to rule that all of the legal prerequisites have been met. Until an absolute divorce decision has been entered, remarriage is illegal.
There are many reasons why a married couple may not desire an absolute divorce. They may have religious concerns or want financial benefits available only to married couples, such as a family health plan, pension benefits, or social security benefits. A trial separation with the expectation of reconciliation could be another basis for a restricted or limited divorce.
The marriage is not ended by a limited divorce. Instead, while the couples live apart, a limited divorce sets some legal responsibilities. In an absolute divorce, the court will rule that your marriage is legally terminated and that you are free to marry again. This type of divorce also ends all property claims and is deemed irreversible.
However, in a limited divorce, you will be granted a non-permanent divorce and will not be able to remarry. You may also be able to resolve property disputes, but they will not be terminated. In essence, a limited divorce legalizes the separation and permits temporary alimony and other forms of assistance.
Do You Need To Get Limited Divorce Before Absolute Divorce?
Contrary to popular misconception, you do not have to receive a limited divorce before obtaining an absolute divorce. People commonly believe that a limited divorce is the first stage, and an absolute divorce is the second, but this is not accurate.
A limited divorce may be the right approach to see if you are making the right decision. Some people will obtain a court-ordered limited divorce and then discover they do not want to be apart from their spouse. Because the courts did not declare a permanent divorce of your marriage, you can get back together and be subject to all of the legal ramifications of marriage.
But, when a couple determines that their marriage is no longer sustainable, they frequently seek legal advice and apply for a limited divorce to initiate the process. If you are living apart from your spouse, you can petition for a limited divorce immediately. Many divorce cases mandate that the parties wait a year to prove any of the grounds for an absolute divorce. As a result, most divorces are not finalized until the parties have been separated for more than 12 months.
Why Choose to Obtain a Limited Divorce?
There are various reason to obtain a limited divorce:
- Religious Reasons: Some faiths forbid divorce except under certain situations. When these scenarios are not present but the marriage is not working, a couple can choose this type of divorce to abide by their religious beliefs;
- Retaining Benefits: One of the common reasons is the ability to maintain health benefits coverage. As long as you are still married legally, you are entitled to coverage under a spouse’s work-related health insurance;
- Tax Benefits: Since the marriage does not terminate with a limited divorce, spouses can file income tax returns as “married” and filing jointly. This may give some tax benefit to one or both spouses and;
- Possible Reconciliation: A limited divorce provides couples an opportunity to live separately while continuing to work on their marital issues.
When Do I Need to Contact a Lawyer?
If you are contemplating obtaining a limited or absolute divorce, it may be useful to reach out to your local divorce attorney to understand their differences. Your attorney can provide you with legal advice and representation for your case.
Jose Rivera, J.D.
Managing Editor
Original Author
Jose Rivera, J.D.
Managing Editor
Editor
Last Updated: Oct 21, 2022
