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Difference between Limited Divorce and Absolute Divorce

The main difference between limited divorce and absolute divorce is that in absolute divorce the marriage is completely dissolved by the court. Property claims are terminated.

The court decides how to divide the assets and property between the spouses and also decides which parent will be granted custody of the children. In an absolute divorce, both husband and wife are then regarded as being single and they can remarry or have sexual relations with another individual without their actions being regarded as adultery. Also, since the marriage has been terminated, the spouses are allowed to remarry each other.

In limited divorce, on the other hand, even though the husband and wife are living separately, the court does not regard them as being single or as being legally “divorced” or legally separated, so they cannot enter into a marriage with another individual. There is no severance of the marital bonds. If they have sexual relations with another individual, their actions are regarded as being adulterous. Also, even though both the spouses are still regarded as being legally married, neither has the right to have sexual relations with the other. Apart from this, since the marriage has not been terminated, the spouses are not allowed to remarry each other. Consult a divorce lawyer or divorce attorney for in-depth information.

It is important to remember that the court supervises a limited divorce and documents the date of separation, and can grant spousal support (or alimony) or divide property between the two spouses. Property claims are not terminated, but they may be settled. A limited divorce can also make temporary decisions about issues such as child custody, child support, division of personal and real property and health insurance coverage. The proceedings determine which party is at fault, if either, and may grant support to one spouse based on need. If one spouse dies during a limited divorce, the other spouse may inherit his/her property or assets. Also the form of ownership for any property owned by the husband and wife, e.g. a house owned as tenants by both spouses, will stay the same. Grounds for Limited Divorce in US


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