What is An Absolute Divorce?
In our jurisdiction, there are two types of divorce available to a party who wants to separate from the other spouse. The first one is the most common type which is called as “absolute divorce” while the second one is known as “divorce by bed and board.”
In this article, the focus will be about absolute divorce that results to the complete dissolution of the marriage contract between the divorcing parties. Once the judge issues a final decree of divorce, the marital ties of the spouse are severed. Hence, each of them or both can validly enter into a new marriage without the possibility of prosecution for bigamy.
There are two grounds for the grant of absolute divorce, to wit: separation for a statutory period of one year and incurable insanity of the wife or husband. The party who wants to obtain a divorce decree can file the proper divorce complaint through his or her divorce lawyers. This is the reason why the first step that needs to be done when it comes to separating from the other spouse is to contact an attorney. The party must be smart enough to hire the services of a legal counsel who will assist him or her in the divorce proceedings.
The tasks do not end upon the filing of the case in court. Upon the institution of the complaint, there is a need now to work on convincing the court why the divorce decree should be issued. It is necessary for the filing party to prove the existence of the ground relied upon. Certain documents must be presented in court in order to determine whether or not the period required by law has been complied with. Moreover, the party may also be required to present testimonial, documentary and object evidence to support his or her claims.
It must be noted that the case must be filed in a court that has territorial jurisdiction to decide on such matter. This is the reason why there is a requirement for a filing party to state in the pleading that he or she has resided in the state where the court is located for at least six months. When a court without jurisdiction hears a divorce complaint, any decision, order or resolution that will be issued by the judge will be considered as null and void. Hence, one must be very careful in filing an action for absolute divorce.
References: Define Absolute Divorce
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