San Diego Divorce Attorneys

Absolute Divorce vs. Limited Divorce

A divorce is an official, legal dissolution of a marriage. United States laws differentiate between two overarching categories of divorce: absolute divorce, also known as divorce a vinculo matrimonii, and limited divorce, also known as divorce a menso et thoro.

Absolute divorces are the complete dissolution of marriage by judicial termination. After a couple gets absolutely divorced, they are no longer legally considered married; they are now officially single. Traditionally, for couples to get an absolute divorce they had to prove some sort of marital wrongdoing, for example abuse or adultery.

Limited divorces, on the other hand, involve legal termination only of a couple’s right to live with one another. Officially, a couple is still married and is classified as such. Because of their nature, limited divorces are also known as separation decrees. Some states have laws for conversion divorces, whereby limited divorces become absolute divorces after a certain period of time.

Because nowadays most divorces do not result because of a traditional notion of “marital wrongdoing”, states have instituted “no-fault divorce” laws. To get a no-fault divorce, couples need to show that

  • The marriage cannot last any longer
  • There are “irreconcilable difference” in the marriage that have led to its breakdown
  • The marital problems have not allowed the purpose of marriage to be met
  • The marriage cannot be salvaged

Consult a San Diego Divorce Lawyer

Despite the fact that divorces are very common today, they still involve a legal process. As a result, people will benefit immensely from having the help of an attorney. If you are considering divorce, contact the San Diego divorce lawyers of Fischer & Van Thiel, LLP by calling 760-722-7646.

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