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Limited Divorce in the US

When a couple stops cohabitating together (i.e. stops living together in the same home) because of some disagreements they are said to be separated. Since these disagreements may be resolved and the couple may reunite after this period of estrangement, the term used to describe this separation is “limited divorce”. However, a couple only opts for a limited divorce if they feel there is no reasonable hope of reconciliation and they are not opting for an absolute divorce because of religious or other reasons. Hence a legal separation otherwise known as a “limited divorce” is different (Difference between Limited Divorce and Absolute Divorce) compared to an “absolute divorce”.

The Financial Aspect of a Limited Divorce in the US

When a Limited Divorce is granted, a court may:
  • Order spousal and child support.
  • Award use and possession of the marital home and certain types of personal property (such as an automobile).
  • Decide the ownership of personal property, but not real property.
  • Order the sale and division of proceeds of personal property, but not real property (real property is land and permanent structures on it; personal property is generally tangible possessions and effects, other than real property).
  • Determine the temporary custody of minor children.

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