A limited divorce refers to the legal action taken to initiate a couple’s separation, within the presence of court supervision. A limited divorce considers both parties still legally married, and therefore obligates them both to still obtain the laws of marriage. This type of divorce usually occurs when there are no grounds for an absolute divorce and/or the couple is unable to agree upon their dispute privately. The court system will then attempt to find a party responsible for the overall dispute. After which point issues including child custody and property division can be resolved thoroughly. If there is no need for property division, there is usually also no need for a limited divorce.
Contact a Divorce Attorney to learn more about your divorce options.
Grounds for a Limited Divorce
One of the four following grounds must be proven in order to obtain a limited divorce:
- Desertion
- Malice/Cruelty
- Vicious Conduct
- Mutual/Voluntary Separation
Desertion is one of the most common grounds used for limited divorce. Desertion is categorized into two sections: actual and constructive. Actual desertion consists of abandonment done unjustifiably, whereas constructive desertion is only present when one party is forced to leave due to the misconduct of the other party. A spouse can also acquire a limited divorce after vicious conduct and/or cruelty has been imposed upon them by the other spouse. In the case where a spouse must leave the house due to victimization, legal action can be taken on the grounds of constructive desertion as well as abuse.
This can be an emotional time for anyone enduring these types of situations, let alone having children around to witness it. When filing for a limited divorce, an experienced divorce attorney can help inform of your rights as well as the options you have regarding your marriage. Divorce attorneys have dealt with many similar cases and are knowledgeable of how hard situations such as these may be for you and your family. They will strive to make the process of your limited divorce, as comfortable as possible.
Contact a Divorce Attorney to learn more about your divorce options.
Updated: SC
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