Many families are confused about the difference between an absolute divorce and a limited divorce. On this week’s #FamilyFriday article, the attorneys at ERA Law Group, LLC want to help explain the two types divorce.
An absolute divorce is absolute and terminates the marriage. Any award made by the Court under the limited divorce may be finalized and incorporated into the Judgment of Absolute Divorce.
A limited divorce is a legal separation. When a party files for a limited divorce it usually means one of the following: (1) the grounds for an absolute divorce have not been met, (2) there is an immediate need for financial relief, and (3) the parties cannot work amicably to settle their differences. During the limited divorce, the parties are still married, cannot enter into sexual relations with other persons, and must live separately. The Court may determine which party is at fault, child custody, child support, health insurance coverage, and make additional awards.
Many couples file a Complaint for Limited Divorce or, in the alternative, an Absolute Divorce for tactical reasons. For example, perhaps your spouse refuses to discuss some or all the issues such as establishing an access schedule, paying child support, contributing to household expenses, etc. If your spouse won’t have these conversations you may want to immediately file in order to obtain said support. Because it may take nearly a year, or more, for the Court to schedule your final hearing, you may end up meeting the requirements for an absolute divorce. In the off chance you don’t, filing the limited divorce may get your spouse to work amicably with you or, at the very least, adhere to an Order of the Court.
If you are separated and need assistance, call the attorneys at ERA Law Group, LLC today at (410) 919-1790!