A limited divorce is a court-supervised separation where partners remain married but live apart. The court can divide assets and issue orders for separation terms. It may be necessary for a cooling-off period or personal reasons, such as religious beliefs or benefits. The court determines custody, support, and asset division. Partners are treated as singles for legal matters but cannot remarry without violating bigamy laws.
A limited divorce is a court-supervised separation of a married couple. The partners remain married but live apart, and the court can divide the assets by court order and issue other court orders setting out the terms of the separation. This type of divorce is also known as a legal separation, qualified divorce, partial divorce, or room and board divorce. In all cases, the couple is separated and recognized as such by law, but the ties of marriage have not been dissolved.
Many married couples who wish to separate are encouraged to file for absolute divorce, in which the bonds of marriage are legally separated by court order. There may be cases where a limited divorce is needed to meet the requirements for a cooling-off period or for personal reasons. In such cases, the couple can specifically file for this type of divorce.
For religious reasons, some people may prefer a limited divorce. Some religions forbid divorce except in very special circumstances, and when a relationship is clearly not working out and partners wish to separate, they may not meet the religious grounds for divorce. Similarly, people may have personal reasons for wanting a limited divorce, such as a desire to keep benefits like health insurance coverage. Historically, such divorces were an option for couples who wanted to separate but had no grounds for an outright divorce, but most regions now permit no-fault divorce.
In a limited divorce, the partners go to court and a court order is issued acknowledging the fact that the partners are living apart and have no hope of reconciliation. The court also determines which parent should have custody of the children, whether or not alimony or child support is required, whether or not shared benefits should continue, and how the assets arising from the marriage should be divided. Some couples try mediation first to work out mutually acceptable terms, with the court intervening if an agreement cannot be reached.
Once people are separated in a limited divorce, they can be treated as singles for taxpayer and other legal matters. However, they are still legally married, meaning they cannot remarry without violating bigamy laws. Having sex with someone else is considered adultery in these cases, and can in fact present grounds for an absolute divorce for people who have chosen a limited divorce on religious grounds.
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