by Anitra Lahiri

Created on: January 01, 2009   Last Updated: January 07, 2009

You remember your wedding day vividly. Maybe you were filled with hope, love, and romantic ecstasy. Or maybe you already knew, somewhere deep in your heart, that this marriage would not be forever. Divorce is often a necessary, healthy step towards living a life of joy, freedom, and excitement. This is your life, and in your soul, you know that you have made the right decision for yourself and your family.

Now that the decision to divorce has been finalized, you must decide which type of divorce is most appropriate for you.Keep in mind, however, that each state is different and may use slightly different terminology or have varying laws regarding each type of divorce.

An absolute, or fault, divorce is a term used to mean a total, legal divorce in which one person has wronged the other. This is a divorce in which all legal connections are severed. A judge makes the final decision regarding who will reserve their rights to property and who will maintain custody. The judge also determines who will pay child support and how much they will pay. An absolute divorce is usually caused by adultery, spousal desertion, or abuse. In all of these cases, often the spouse who has been the victim of adultery, desertion, or abuse will maintain more rights than the spouse who has committed these acts. Desertion usually entails one partner leaving the home for an extended period of time, often neglecting to participate in the financial management of the household or child rearing. On average, this means that the deserting party has been absent for twelve months or longer, and no sexual contact has occurred between the husband and wife in this time. Absolute divorce is also appropriate in cases where one spouse has been in the penitentiary or has been sentenced for a number of years (often three or more years). Sometimes, absolute divorces are granted when one spouse has been regarded legally insane. In the case where both parties have committed acts of adultery or abuse, the judge will grant more rights to the person whose behavior is deemed less wayward. A fault divorce is the harshest form of divorce in that it requires a judge to make all final decisions regarding property, finances, pets, and children.

A second, more amicable avenue of divorce is a no-fault divorce. This is vastly different from an absolute divorce. In a no-fault divorce (which most states recognize), there need not be a victim and perpetrator. Even if just one of the marriage partners would like a divorce,

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