An absolute divorce, unlike a
limited divorce, legally terminates a marriage. The marriage is considered to be officially over.
Property claims are terminated. The court decides how to divide the assets and property between the spouses and also decides which parent will be granted custody of the children. In an absolute divorce, both husband and wife are then regarded as being single and they can remarry or have sexual relations with another individual without their actions being regarded as adultery. Also, since the marriage has been terminated, the spouses are allowed to remarry each other if they wish to do so. Difference between Limited Divorce and Absolute Divorce
Grounds for Absolute Divorce in the US
In most states of the US, the grounds on which absolute divorce is granted are:
- Adultery
- Two year separation (this duration may differ from state to state), during which the parties have lived separately and apart for two continuous years prior to the filing for the divorce.
- Desertion for more than 12 months (this duration may differ from state to state).
- Voluntary separation for a period of at least 12 continuous months (this duration may differ from state to state) prior to the filing for the divorce provided that the separation was by mutual and voluntary consent of both spouses.
- Insanity provided that the insane spouse has been confined in a mental institution, hospital or other similar institution for at least three years (this period may differ from state to state) before the filing for the divorce AND the Court determines that the insanity is incurable and there is no hope of recovery.
- Conviction of a felony or misdemeanor provided that the sentence is for at least three years, and one year has been served. The required duration of the sentence may differ from state to state.
Absolute Divorce-Issues Decided
When the court grants an absolute divorce, it finalizes all the rights and obligations of both spouses. Issues decided upon include:
- Division and distribution of marital property
- Alimony
- Child custody
- The right to counsel fees
- Which party may use the family home and other family property for a certain number of years (varies from state to state)
Do consult a
divorce lawyer or divorce attorney for detailed absolute divorce information.
