Grounds for a Limited Divorce
With the enactment of the domestic violence grounds for divorce, limited divorce actions on behalf of battered spouses are less common. Relief, however, is still possible although there are a fewer number of grounds upon which a limited divorce can be granted. The ground upon which a limited divorce can be granted are the following:
1. Voluntary Separation
A husband and wife can obtain a limited divorce on grounds of voluntary separation where:
(1) They mutually agree to separate with the intent to terminate the marriage,
(2) They live physically apart from each other with no sexual relations, and
(3) there exists no hope of reconciliation between the couple.
Generally, a limited divorce on the ground of voluntary separation will be granted where the reasons behind the separation are dire. Unlike an absolute divorce, there is no requirement as to the length of time that the couple must be separated before they can file for a limited divorce based on voluntary separation.
2. Cruelty/ Excessively Vicious Conduct toward the Complaining Party or to a Child of That Party
As in an absolute divorce, a limited divorce on the ground of cruelty or excessively vicious conduct is generally found where the husband or wife’s conduct seriously impairs the health or happiness of the other spouse or the minor child of the spouse. The conduct is generally the type to endanger the victim-spouse’s life or health or cause a reasonable fear of bodily harm. A critical element in finding for a limited divorce under this ground is that one spouse’s misconduct must be detrimental to the other’s health or happiness
3. Desertion
A limited divorce on the ground of desertion occurs where there is a baseless and deliberate termination of cohabitation (i.e., marital relations) by one spouse accompanied by an intent to terminate the marriage. If the abandonment is consensual, however, then a limited divorce on the grounds of desertion is unlikely.
Unlike in an absolute divorce, there is generally no requirement that the desertion be without any reasonable hope of reconciliation or of a certain length of time. In certain instances, however, the amount of time that the deserting spouse has abandoned the other spouse can be used as evidence of the genuineness of the abandonment.
A limited divorce can also be found on the ground of constructive desertion. This can occur where, for example, the marital relation has become intolerable and compels the one spouse to leave the house, eventhough the conduct does not amount to cruelty. The conduct of one spouse must be so unbearable to the other that it makes it impossible for that spouse to continue in the relationship without loss of his or her health, safety, or self-respect
Further Information on Divorce:
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