Once an absolute divorce has been rendered, both parties are able to remarry. Property division is usually split down the middle for items purchased by both parties and ones birth name may be resumed. An absolute divorce also dissolves all possibility of inheriting property from the former spouse. Based on the circumstances, judgment is then made regarding child custody, child support, and alimony.
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Grounds for an Absolute Divorce
- Adultery
- Desertion
- Voluntary Separation
- Excessively Vicious Conduct
- Two-Year Separation
- Cruelty of Treatment
- Conviction of a Crime
- Insanity
There are many forms of adultery, but the overall definition consists of voluntary intercourse between a married individual and another person who is not the offender’s actual spouse. No waiting period is needed in order to finalize a divorce on these grounds. Sufficient evidence must be present along with a corroborating third party testimony. Desertion is another ground which has categorizes for distinction such as actual and constructive. There are also many varying factors which must be considered when filing for divorce on the grounds of desertion. Seek a divorce lawyer in your area today, to determine the right grounds to file based upon your specific case.
Voluntary separation grounds may vary from state to state, therefore it is imperative to seek the assistance of an experienced lawyer in you area for more information on state laws. Two-year separation is much like voluntary separation, apart from the only evidence needed is the proof of nonexistent cohabitation over two consecutive years.
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Updated: SC
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