Absolute Divorce

An absolute divorce permanently ends a marriage. There is a legal judgment delivered, and both parties are free to go their own separate ways, and to remarry.

When an absolute divorce is finalized, there can be no inheritance of any properties from the other, unless specified in a will, and any property previously owned by them together will be divided by the court.

In the case of the woman involved in divorce, she may take on her maiden name again.

In order for one to claim an absolute divorce, the circumstances must be proven to the court that they are unbearable to the accuser.

Grounds for an absolute divorce usually include:

Adultery: Sexual intercourse performed outside of the confines of marriage. Adultery may provide the offended party with alimony, and or the custody of any children involved in the case. The court must decide if the adulterous affair is offensive to the children.

Alcoholism: Addiction to alcohol may cause erratic behavior. It may cause the addict to disappear for long periods of time. It may cause violence. It will be definitely considered by a court regarding the welfare of the spouse and or the children.

Drug Addiction: The same as alcoholism, only it is a more expensive habit. Once again, the court will most probably rule in favor of the accuser if the evidence is there.

Physical Abuse: This is always a determining factor. The courts do not smile upon this behavior, and will almost always rule in favor of the accuser.

Criminal Activity: If the accused has a felony on his or her record, committed after the marriage, the court will definitely rule in favor of the accuser.

Verbal Abusiveness: This is a little harder to prove in a court of law. There must be a third party to testify on the behalf of the accuser.

Sexual Abuse: Once again, this is a bit harder to prove.

Financial Corruption: A very complex situation, unless the accused is a felon.

Abandonment: The accuser must prove that the spouse’s leaving was unjustified, and the intent was desertion.

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