Limited and absolute divorces are the 2 kinds of divorce. A limited divorce, often referred to as a legal separation or separate maintenance, is a court-supervised separation of a marriage. This does not lead to the dissolution of the marriage. Instead, it establishes obligations for the spouses when they are apart under the law.
Couples who lack the necessary evidence for an absolute divorce, need financial support, or are unable to settle their differences in private typically opt for a limited divorce.
For more information about Absolute Divorces, click here.
Grounds for a Limited Divorce
Georgia does allow for a limited divorce, even if the state’s legal system does not recognize formal separation. To determine if divorce is the best solution for their marital issues, some couples decide to formally separate for a while. The couple has time to settle their differences on property split and child custody before the divorce is officially formalized. Separated partners are not permitted to engage in sexual activity with one another or with third parties. Even if they lead separate lives, they are still legally wed until one or both of them file for divorce (as per section 19-6-4 (a) of the Georgia Code Ann).
You must demonstrate that you have complied with all of the requirements below in order to be eligible for legal separation:
- You and your spouse are legally wed.
- You don’t live with your spouse.
- Both spouses refrained from filing for divorce.
Desertion, Cruel treatment, and Extremely violent behaviour are grounds for requesting a limited divorce in Georgia. The courts in Georgia may grant you a limited divorce even if you ask for an absolute divorce. The courts may decide to grant these divorces permanently or for a specific amount of time.
The courts in Georgia have the authority to terminate limited divorces at any time upon the joint application of the parties requesting the termination. You are once again recognized as a married pair under such circumstances.
Filing for Limited Divorce
Just like with an absolute divorce, you must fulfil residence criteria, reasons, and other legally defined regulations before you may file for a limited divorce in Georgia. A limited divorce may include property splits, alimony, child support, and custody arrangements.
In the county where you or your spouse have lived for at least six months, you must petition for divorce with the Superior Court Clerk. A complaint for divorce, sometimes referred to as a “petition for divorce,” is the first step. It contains the legal justification for your divorce as well as the issues you want the court to resolve.
Things to Remember
Partners who desire to avoid the absolute divorce’s finality might opt for a limited divorce. Couples may feel as though they are living apart in these situations. You may think of this as a trial phase where important decisions about your marriage and your life can be made. It’s preferable to discuss them with a knowledgeable divorce attorney. You will almost likely need the complete and in-depth guidance of an experienced divorce attorney who is aware of the best course of action if you are thinking about divorce, whether it be an absolute or limited divorce.
