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Absolute Divorce in the US

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.

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Limited Divorce in the US

When a couple stops cohabitating together (i.e. stops living together in the same home) because of some disagreements they are said to be separated. Since these disagreements may be resolved and the couple may reunite after this period of estrangement, the term used to describe this separation is “limited divorce”. However, a couple only opts for a limited divorce if they feel there is no reasonable hope of reconciliation and they are not opting for an absolute divorce because of religious or other reasons. Hence a legal separation otherwise known as a “limited divorce” is different (Difference between Limited Divorce and Absolute Divorce) compared to an “absolute divorce”.
 

Temporary Agreement in the US

A good alternative to filing for a limited divorce is that both spouses should enter into a “temporary agreement”. This agreement will grant the same orders which are otherwise achieved through the limited divorce. However, in this case the couple does not need to go to court. This agreement is achieved in a mediation setting.
 

Difference between Limited Divorce and Absolute Divorce

The main difference between limited divorce and absolute divorce is that in absolute divorce the marriage is completely dissolved by the court. 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.
 

Grounds for Limited Divorce in the US

Couples usually seek a “limited” divorce if:
  • They are unable to resolve financial and other differences privately
  • They have differences and have mutually and voluntarily opted for a separation
  • One spouse has treated the other spouse with cruelty
  • One spouse has displayed excessively vicious conduct towards the other spouse or the minor child of the other spouse
  • One spouse has deserted the other spouse
 

Mediation and Arbitration

In mediation, a third party actively participates in a legal dispute to help settle it. The third party, also known as the mediator, tries to find points of agreement between the two parties so that they can agree on a fair and final decision. Unlike in the process of arbitration, the mediator does not act as a judge and does not make the final decision in a dispute.
 

Mediation and the Divorce Process

Spouses who wish to separate can avoid the tedious court process of filing for a limited divorce by reaching an agreement between them (which is in the written form) known as a “Marital Settlement Agreement”.
 

Fault Divorce

Fault divorce is the one which is awarded when there is a fault as a divorce ground. Or you can say that, a 'fault divorce' is the one in which the obligatory grounds are there and at least one spouse files for a divorce decree under those fault divorce grounds.
 

No-Fault Divorce

No-fault divorce is a divorce settlement reached after an exclamation of “permanently broken marriage” with no hope of reconciliation, by both or one of the spouses. The divorce court grants it after making sure for itself that there is no hope of reconciliation what so ever. A couple in agreement over a no-fault divorce can discuss possessions settlement and other details in an out of court settlement.
 

Collaborative Divorce

Divorce is hardly ever simple. Divorce means taking life-altering decisions at a time when you are psychologically susceptible. At this stage what one want is peace. Collaborative law is designed specially for couples who are looking for a hassle free divorce. It is a new and stimulating development in family law.
 

Online Divorce

In the past, when there was no concept of internet, divorces were handled by divorce lawyers. Now, there are several online divorce companies working in the US. Getting a divorce in US is a painstaking process. An ordinary divorce consumes up to 6 months to 2 years depending on the type of the divorce and the laws of the state.
 

Military Divorce

Military divorce is one in which either or both partners are active or retired military personnel. Military divorce laws differ from family divorce laws in domicile, residency requirements, distribution of pension and military rules and regulations.
 
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