What is a limited divorce?

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What is a limited divorce?

Can a limited divorce be amended to an absolute divorce once the 12-month separation requirement has been fulfilled? If so, what is the process? In MD.

Asked on November 10, 2011 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Absolute divorce is a change in status only.  you must prove that you have been separated for one year and that you intended for it to be permanent.  You go from being divorced to being single. That is it.  It does NOT include child custody, child support, property distribution or alimony.  I believe that a limited divorce is also referred to in some states as a separateion decrees. Limited divorces result in termination of the right to cohabitate but the court refrains from officially dissolving the marriage and the parties' statuses remain unchanged.  So you remain married.  Some states do allow for "conversion" of a limited divorce to an absolute divorce after a statutory time period.  I would consult with an attorney in your area.  Good luck.


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