Limited Divorces

General Overview
Ground for a Limited Divorce

General Overview

A limited divorce is a legal action in which the court supervises a couple’s separation.  It is generally  used by people who

• do not yet have grounds for absolute divorce;

• need financial relief and

• are unable to settle their differences privately.  

During a limited divorce, the parties live apart.  However, they remain legally married. 

• Although the parties are still married, neither has the right to have sexual relations with the other spouse. 

• In addition, neither spouse may remarry, and sexual relations with another person during a limited divorce is considered adultery.

The court determines which party is at fault, if either, is at fault. The court may grant support to one spouse based on need.  The limited divorce can also resolve questions of

• child custody;

• child support;

• health insurance coverage and

• division of personal and real property.

If spousal support is not required, and there is no property to divide, there is generally no need for a limited divorce.

If one spouse dies after a limited divorce the other spouse may still inherit property. Also the form of ownership for any property you own as husband and wife (for example, a house owned as tenants by the entireties) will stay the same.

Grounds for a Limited Divorce

To obtain a limited divorce, you must first prove at least one of four grounds.  These grounds include the following: 

• cruelty of treatment

• excessively vicious conduct

• desertion

• mutual and voluntary separation 

The more frequently used ground is desertion.  There are two types of desertion, actual and constructive.

• Actual desertion is where one party unjustifiably abandons the other or actually ejects the other spouse from the home.

• Constructive desertion is where one party is forced to leave the home because of the misconduct of the other.

There is no certain amount of time needed to prove desertion in a limited divorce.  Any reasonable time period will justify the action. 

Also, a spouse may obtain a limited divorce where one spouse engages in cruelty of treatment or excessively vicious conduct toward the other spouse or a minor child of the party who is filing for a limited divorce.  A victimized spouse who leaves the marital home because of abuse also has a legal action for a limited divorce on the grounds of constructive desertion, as well as a justifiable defense to an abusing spouse’s claim of desertion.

Last date of legal review 01/18/08 (PLL/M.A.J.)