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Absolute divorce is a complete and final legal dissolution of a marriage that allows both parties to enter into new marriages. Limited divorce does not dissolve the legal aspect of the marriage, but allows for separation of property and finances. Limited divorce is more common in areas where religious or social standards discourage total dissolution of the marriage. With an absolute divorce, all existing contracts between the two parties are dissolved and assets are divided fairly by the competent court.
An absolute divorce is a legal dissolution of a marriage that is declared complete and final by a court. Once this type of divorce has been granted, the two former spouses no longer have a legally recognized marriage relationship with each other and are free to enter into new marriages with new spouses. Absolute divorce is among the most common types of divorce and can be identified by various terms, such as plain divorce or no-fault divorce.
In many countries, an absolute divorce is much more common than what is sometimes referred to as a limited divorce. Limited divorces do not completely dissolve the legal aspect of the marriage, although this type of divorce decree does give both parties the ability to separate property and finances and actually live separate lives. With a limited divorce, spouses generally do not have the opportunity to enter into new marriages recognized by the state as legally binding.
The ability to seek and receive a limited divorce is more common in areas where religious or social standards tend to discourage total dissolution of the marriage. This is especially true when the couple belongs to a religious institution that recognizes the legal implications of a divorce but still considers the couple united by a religious or sacramental rite. This makes a limited divorce useful in situations where religious or social beliefs prevent either party from seeking a full divorce, but factors such as abandonment or extreme cruelty on the part of one or both partners make it an option to continue to live in the same household impractical.
With an absolute divorce, all existing contracts between the two parties are dissolved. Depending on local laws and any agreements that the two parties have entered into regarding property, the assets held by both parties are divided between the two in a manner deemed fair by the competent court. In cases where the two parties are filing a no-fault divorce, it is not unusual for each party’s counsel to draft a divorce settlement in advance and provide the terms of that settlement to the seised court. If the settlement complies with applicable law and the judge determines that both parties are willing to abide by the terms of the settlement, the court is likely to approve the distribution of assets and grant a divorce without making any material changes to the settlement.
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