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Legal Definitions - absolute divorce
Definition of absolute divorce
An absolute divorce is the legal process that completely and permanently ends a marriage. Once granted by a court, it fully dissolves all legal ties between the spouses, allowing both individuals to legally remarry. It is a final judgment that distinguishes it from a legal separation, which only alters marital rights without ending the marriage, or an annulment, which declares a marriage was never legally valid from the start.
Example 1: After 20 years of marriage, Maria and Robert decide to end their relationship due to irreconcilable differences. They go through the court process to divide their assets, determine spousal support, and finalize their separation. The court issues a final decree.
Explanation: This is an absolute divorce because the court's decree completely terminates their marriage. Maria and Robert are no longer legally married to each other, and both are free to enter into new marriages in the future, should they choose to do so.
Example 2: John and Lisa were married for a short period and had no children or significant shared property. They mutually agree that their marriage is not working and wish to completely sever their legal connection to each other so they can both move on with their lives.
Explanation: By pursuing an absolute divorce, John and Lisa achieve a complete legal dissolution of their marital bond. The court's order ensures that their marriage is entirely ended, allowing both of them to legally remarry and pursue separate futures as single individuals.
Simple Definition
An absolute divorce, also known as a divorce a vinculo matrimonii, is a complete and final termination of a marriage. This type of divorce legally dissolves the marital bond, restoring both parties to the status of single individuals and allowing them to remarry.