Couples often stay together after a marriage is over due to personal or religious beliefs which prohibit divorce. They feel they have no choice other than to do so unless they wish to go against their personal convictions. The state of Virginia offers another option in this situation. A ‘limited divorce’ may be obtained. A limited divorce is similar to a legal separation in other states. Although a divorce lawyer can explain the finer details of a limited divorce, the main difference between a limited divorce and an absolute one is neither party can remarry when a limited divorce is obtained. You remain legally married, but separated.
Before a limited divorce may be obtained, residency requirements must be met, grounds established for the divorce and all other laws must be followed. With a limited divorce, each party remains eligible for alimony, child support, property settlements and all they would be entitled to when obtaining an absolute divorce. What grounds may be used to file for a limited divorce in the state of Virginia?
When requesting a limited divorce in Virginia, the person requesting the divorce must prove the grounds for the divorce. If one spouse has been particularly cruel or extremely vicious to the other or to a minor child, the complainant has grounds for a limited divorce. Desertion is another reason why one may seek a limited divorce through the legal system and the same is true when spouses voluntarily separate and have no reasonable expectation of reconciliation. Before the court may grant a limited divorce in any of these situations, spouses may be required to participate in efforts to reconcile, as ordered by the court.
In certain situations, a limited divorce may be granted when an absolute divorce has been requested. The court also retains the right to limit the time of the absolute divorce, rather than having it be in effect forever. Courts may also revoke a limited divorce at any time if both parties apply for the limited divorce to be discharged. In this situation, you go back to being legally married in the eyes of the state.
A limited divorce isn’t your typical dissolution of marriage. Before choosing this option, seek the services of a Divorce Lawyer Fredericksburg. As you have options when it comes to ending a marriage, you need a Divorce Lawyer In Fredericksburg to ensure you make the right choice.
