What is an absolute divorce?

An absolute divorce is a legal way of ending a marriage in the state of New York. It is the most common type of divorce and is finalized by a court order. Generally, both spouses must agree to the divorce, although the grounds for the divorce may differ depending on the facts of the case. In order to get an absolute divorce, one spouse must file a petition for divorce with the court. The other spouse is then served with the petition. Both spouses must respond to the petition and provide any evidence they believe is relevant to the court. The court must then review the evidence to decide whether it will grant the divorce. If the spouses agree on all issues such as child custody, property division, and alimony, the court may grant a no-fault divorce. A no-fault divorce is granted when both parties agree that the marriage is irretrievably broken and they are unable to reconcile. If the spouses cannot agree on any issues, the court must hear arguments from both sides, review the evidence, and make a ruling. In New York, a divorce cannot be granted until after a waiting period of at least sixty days. After the waiting period has passed, the court may enter the divorce decree and the divorce is final. The divorce decree can resolve all issues related to the divorce, including child custody, property division, and alimony.

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