Limited divorce and absolute divorce in Georgia are two options that the state offers to couples seeking to end their marital relationship.
The divorce process can be a path full of emotional, financial, and legal challenges. In Georgia, the laws provide options tailored to meet the diverse needs of couples facing this difficult decision.
For this reason, the state offers couples the option of choosing between a limited divorce or an absolute divorce, but what exactly are these two options?
In this blog, we’ll tell you everything about limited divorce and absolute divorce in Georgia, how they differ, and their advantages and disadvantages.
What is absolute divorce in Georgia?
In general terms, an absolute divorce is the complete dissolution of a couple’s marriage. It is what people commonly understand as divorce and what they seek in the state’s family courts to formally end their relationship.
Absolute divorce ends all ties between the now ex-couple: it resolves property division, settles debts, establishes alimony agreements, and, in cases involving children, determines custody, support, and visitation arrangements.
Additionally, with the complete termination of the marriage, the parties lose access to legal benefits such as filing joint tax returns or enrolling a spouse in the other party’s employer-sponsored health insurance.
Once the marriage is dissolved and there are no legal ties binding them, each party is free to start their life anew, including forming new relationships and remarrying if they wish.
Advantages and disadvantages of absolute divorce
Advantages
- Provides clarity by fully ending the marriage.
- Allows both parties to start anew without legal ties.
- Provides clarity by fully ending the marriage.
Disadvantages
- It is an emotionally draining process.
- May involve high legal and financial costs.
- Absolute separation can result in the loss of important legal benefits, such as shared insurance coverage.
What is limited divorce in Georgia?
Hearing a term like limited divorce might sound unusual; if the goal of divorce is to end a relationship, what does the term “limited” refer to?
Also known as maintenance by separation or legal separation, this type of divorce limits cohabitation between couples: individuals are not forced to live together but still have legal responsibilities toward each other.
In other words, the couple can live apart, but under the law, they are still married. During this separation, couples can decide on property division, child custody, and child support agreements.
Since the couple remains legally married, even if they don’t live together, they are not allowed to engage in sexual relationships, either with each other or with others.
Regarding benefits, since they are still married, they can file joint tax returns or enroll the spouse in the other party’s employer-sponsored health insurance.
Advantages and disadvantages of limited divorce
Advantages
- Provides temporary space for reflection
- Maintains important legal benefits, such as health insurance.
- Allows a less definitive separation for couples who are uncertain.
Disadvantages
- Does not allow remarriage.
- Can cause emotional confusion by not fully closing the chapter.
- Some legal matters may remain unresolved until the absolute divorce is finalized.
In conclusion
Understanding the differences between a limited divorce and an absolute divorce in Georgia is essential to make a decision that suits your needs.
Both options have their advantages and disadvantages, depending on your personal situation. The most important thing is to seek guidance from an expert family attorney in Georgia, who can guide you and help you make the best decision.
At The Law Office of Carolina Pineres, we have expert divorce attorneys ready to represent your case and help you obtain the divorce that best fits your situation.
If you need help starting a divorce, whether limited or absolute, in Georgia, call us at 1-770-956-9961 | 1-404-920-4746 and schedule a consultation to work on your case.
