Absolute Divorce and Limited Divorce
Despite the public perception of divorce as a final option which ends a marriage, that is actually not always the case.
Legal dissolution of marriage in the United States can actually be broken down into two different types, which are actually quite distinct from each other.
Absolute divorce, or divorce a vinculo matrimonii, is quite different from a limited divorce, which is also known as divorce a menso et thoro.
If you're considering a divorce, it's important to know what each is, what the differences are between the two, and the benefits to each.
Absolute divorce is, as the name suggests, the complete legal dissolution of a marriage.
After an absolute divorce is granted, the marriage no longer exists.
This is the type of divorce most people think of when they hear the term.
Traditionally, one of the spouses had to be at-fault for the divorce to be granted; that is, one of them had to have done something to justify divorce, such as infidelity or abandonment.
This is no longer the case, except in New York, which has unique divorce laws.
This type of divorce is quite final, and should only be entered into after much consideration.
The ramifications of such a procedure involve the division of property, establishing custody and visitation rights, and agreeing to alimony payments.
The alternative to an absolute divorce is a limited divorce, which involves the termination of a married couple's right to live together.
In many ways, it is like a trial divorce, allowing spouses to experience what it would be like to be divorced.
Many couples seek these divorces as a means of beginning more serious divorce procedures, while others pursue it to try to save their marriage by seeing what's at stake.
It's important to understand that, even when a couple has filed for and been granted a limited divorce, the marriage still exists in the eyes of the state.
If you want a permanent divorce, this is not for you.
However, if you'd like to begin a legal separation but aren't sure if you're ready to commit to the finality of absolute divorce, limited divorce might be an attractive alternative.
Additionally, may people find it beneficial to discuss their decision with a qualified divorce lawyer before they proceed further.
Divorce can be a difficult, painful, and confusing process, no matter which type of divorce you choose.
For more information on types of divorce, as well as other divorce-related topics, check out the website for the law firm of Fischer & Van Thiel, LLP, today.
Legal dissolution of marriage in the United States can actually be broken down into two different types, which are actually quite distinct from each other.
Absolute divorce, or divorce a vinculo matrimonii, is quite different from a limited divorce, which is also known as divorce a menso et thoro.
If you're considering a divorce, it's important to know what each is, what the differences are between the two, and the benefits to each.
Absolute divorce is, as the name suggests, the complete legal dissolution of a marriage.
After an absolute divorce is granted, the marriage no longer exists.
This is the type of divorce most people think of when they hear the term.
Traditionally, one of the spouses had to be at-fault for the divorce to be granted; that is, one of them had to have done something to justify divorce, such as infidelity or abandonment.
This is no longer the case, except in New York, which has unique divorce laws.
This type of divorce is quite final, and should only be entered into after much consideration.
The ramifications of such a procedure involve the division of property, establishing custody and visitation rights, and agreeing to alimony payments.
The alternative to an absolute divorce is a limited divorce, which involves the termination of a married couple's right to live together.
In many ways, it is like a trial divorce, allowing spouses to experience what it would be like to be divorced.
Many couples seek these divorces as a means of beginning more serious divorce procedures, while others pursue it to try to save their marriage by seeing what's at stake.
It's important to understand that, even when a couple has filed for and been granted a limited divorce, the marriage still exists in the eyes of the state.
If you want a permanent divorce, this is not for you.
However, if you'd like to begin a legal separation but aren't sure if you're ready to commit to the finality of absolute divorce, limited divorce might be an attractive alternative.
Additionally, may people find it beneficial to discuss their decision with a qualified divorce lawyer before they proceed further.
Divorce can be a difficult, painful, and confusing process, no matter which type of divorce you choose.
For more information on types of divorce, as well as other divorce-related topics, check out the website for the law firm of Fischer & Van Thiel, LLP, today.
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