Couples usually seek a “limited” divorce if:
- They are unable to resolve financial and other differences privately
- They have differences and have mutually and voluntarily opted for a separation
- One spouse has treated the other spouse with cruelty
- One spouse has displayed excessively vicious conduct towards the other spouse or the minor child of the other spouse
- One spouse has deserted the other spouse
So, for instance, if a man is not supporting his wife and/or children, even though he is financially able to do so, the wife can file for a limited divorce. The court can then order the father to support his wife and/or children.
There are two types of desertion known as “Actual desertion” and “Constructive desertion”. If one spouse deserts the other because of misconduct of the other e.g. cruel treatment or vicious conduct, the desertion is described as being “constructive”. However, if one spouse deserts the other without any valid reason or ejects the other out of his/her home or a mutually owned home, the desertion is regarded as being “Actual desertion”. For example, if a husband accuses a wife of “actual desertion”, i.e. deserting him without reason, the wife (if she has been victimized) can counter this accusation by claiming that she left the home because of mistreatment or abuse, i.e. she can claim that her desertion was “constructive”.
On the other hand, for example, if a man abandons his wife because she committed adultery and if she claims in court that he committed “actual desertion”, he can counter this claim by saying he had committed “constructive desertion” because of her misconduct. For detailed information regarding grounds for limited divorce in your state consult a divorce lawyer or divorce attorney in your state.
A limited divorce can lead to an absolute divorce if the couple decides to legally terminate the marriage i.e. opt for a legal separation. However, a limited divorce is not a prerequisite to an absolute divorce.
A good alternative to filing for a limited divorce is that both spouses should enter into a “temporary agreement”. This agreement will grant the same orders which are otherwise achieved through the limited divorce.
