Law

Difference Between Absolute Divorce Vs. Limited Divorce

The most common solution to ending a marriage is divorce. However, not all couples are ready to take that plunge and end their relationship so quickly. Fortunately, some states have laws that offer an alternative to the permanent dissolution of a marriage.

Seeking a divorce and ending your long-term marriage is not easy. So to find out the best possible solution for you and your spouse, contact a divorce attorney by heading to this website as soon as possible. 

Difference between absolute divorce and limited divorce

  • Absolute divorce 

Generally, when people mention divorces, they refer to an absolute divorce, which suggests a complete end of marriage forever. Although this term is outdated, many states still refer to it to clarify misunderstandings in a divorce case.

The procedure of an absolute divorce involves discussing and negotiating all the aspects like alimony, child support, child custody, asset distribution, etc. After the court’s final decision, the marriage will dissolve forever, and the spouses will lose all their rights over each other and their finances when married. 

Some of the things that include in this separation are the loss right to file joint taxes together, losing right over each other real estate or other financial resources, and losing the chance to claim each other’s insurance benefits. 

To ensure your absolute divorce application approves, you must have legitimate grounds for divorce and fulfill the state’s residency requirements. 

  • Limited divorce 

Many people are unaware that there is more than one form of seeking a divorce. This could be because they do not belong to a legal background or their knowledge of marital laws is limited. However, there are different ways to end your marriage, and whichever suits you and your spouse the best can be the preferable method. 

One such way is the limited divorce in which the court permits you to live separately from your spouse; however, you are still married to them. Depending on your state, you might not find a limited divorce while exploring your options. 

Although there are many similarities between absolute and limited divorce, the one significant difference is that you are not entirely free from your marriage which means you are not allowed to marry anyone else.

You must file a petition in court to seek a limited divorce, just like an absolute divorce, and negotiate the terms like alimony, child support, custody, property division, etc. Limited divorce is also known as legal separation in some states but notes that it is not legal in all states, so confirm with a divorce attorney first. 

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