What Is a Divorce Absolute?

Divorce is a legal process that brings an end to a marriage. Once a couple decides to end their marriage, they must go through several stages of the divorce process. One of the final stages is obtaining a divorce absolute. In this article, we will explore what a divorce absolute is and answer some frequently asked questions about the process.

A divorce absolute is the legal document that officially ends a marriage. It is also known as a decree absolute or a final decree of divorce. This document is issued by the court after all the necessary steps in the divorce process have been completed. Once the divorce absolute is obtained, both parties are free to remarry if they wish to do so.

FAQs about Divorce Absolute:

1. How long does it take to get a divorce absolute?
The time it takes to obtain a divorce absolute can vary depending on various factors, such as the complexity of the divorce, the jurisdiction, and the backlog of cases in the court. On average, it can take anywhere from a few weeks to several months.

2. Do I need a divorce absolute to be legally separated?
No, a divorce absolute is not required to be legally separated. Legal separation is a separate legal status that does not dissolve the marriage. A divorce absolute is necessary to legally terminate the marriage.

3. Can I remarry before obtaining a divorce absolute?
No, you cannot remarry until you have obtained a divorce absolute. If you remarry before obtaining the divorce absolute, your new marriage would be considered invalid, and you could face legal consequences.

4. Can I contest a divorce absolute?
In most cases, it is not possible to contest a divorce absolute. Once the court has issued the divorce decree, it is generally considered final. However, if there are exceptional circumstances, such as fraud or procedural irregularities, you may be able to challenge the divorce absolute.

5. What happens if I don’t apply for a divorce absolute?
If you do not apply for a divorce absolute, your marriage will not be officially terminated. This means that you will still be legally married, and your ex-spouse may have certain rights and claims to your assets or estate.

6. Can a divorce absolute be revoked?
In rare cases, a divorce absolute can be revoked if there is evidence of fraud or misconduct that affected the outcome of the divorce. However, this is a complex legal process and requires substantial evidence to succeed.

7. Can I change my name after obtaining a divorce absolute?
Yes, you can change your name after obtaining a divorce absolute. Many people choose to revert to their maiden name or adopt a completely new name. You will need to follow the legal process for changing your name in your jurisdiction.

8. Can a divorce absolute be obtained without a solicitor?
It is possible to obtain a divorce absolute without a solicitor, but it is not recommended. The divorce process can be complicated, and having a solicitor can ensure that all the necessary legal requirements are met.

9. Can I apply for a financial settlement before obtaining a divorce absolute?
Yes, you can apply for a financial settlement before obtaining a divorce absolute. The court can issue an order for financial provision during the divorce process, even before the marriage is officially terminated.

In conclusion, a divorce absolute is the final legal document that officially ends a marriage. It is essential to obtain a divorce absolute to legally terminate the marriage and move on with your life. The process of obtaining a divorce absolute can vary in duration, and it is advisable to seek legal advice to ensure a smooth and successful outcome.