Absolute divorce is a term used in different states to designate a full and final divorce of a couple based on a state specific set of conditions. In most states an absolute divorce can be granted if a spouse is able to prove to the court that the other spouse violated the marriage or that at least one of the conditions for a divorce occurred.
Grounds for an Absolute Divorce
Each state that uses the term absolute divorce will have individual and state specific grounds under which a divorce can be granted. However, most states will include the following as grounds or reasons for the divorce to be granted:
- Adultery
- Desertion
- Cruel treatment – usually domestic violence or emotional abuse
- Vicious conduct – extreme violence
- Two-year separation
- Voluntary separation
- Conviction of a crime
- Insanity
Different states may include other conditions or grounds that may qualify for an absolute divorce. In some states all that is required is for the couple to have lived apart and separate for twelve months to be eligible for a divorce that completely ends their financial and marital relationship to each other. An absolute divorce often occurs immediately if domestic violence is the grounds on which the divorce is filed.
Children and Child Support
In the case of an absolute divorce when children are minors the court will decide issues such as custody, access and visitation, child support and other issues with regards to the children. In some cases the parents may have a mediated agreement with regards to the children and co-parenting through the divorce. These mediated agreements are usually honored by the court provided they are deemed to be in the best interests of the child or children.
Understanding the Law
All states offer different types of divorce and it is essential for the couple to know what type of divorce is in their best interest. An attorney that is familiar with family law can explain the different between an absolute and limited divorce, which is often called a legal separation. In addition an attorney can advise their client on division of property, assets and liabilities and the possible long term implications of different decisions through the divorce. Attorneys can also help women resume a birth name and set issues such as alimony payments and how property will be disposed of as part of the divorce proceedings.
