Frequently Asked Questions

There are many effects of an absolute divorce besides the obvious right to marry someone else. A wife may resume the use of her maiden name through an absolute divorce judgment. A divorce judgment can potentially impact the financial circumstances of the parties. At the time the divorce judgment is entered, if the parties have not preserved their rights to spousal support and property distribution by either a valid, written agreement, a court order, or a pending claim before a court, all claims for spousal support are barred and property goes to the party with title. It is important to note that the entry of an absolute divorce judgment will not affect either party’s rights to child custody or child support. These rights are always with the parent regardless of marital status. Therefore, it is not a bar to an action for custody or child support that a divorce has been granted. A party can bring these claims at any time before, during, or after the lawsuit for an absolute divorce. Another effect of the divorce is that all estate claims are voided. That is, your rights to inherit from your spouse, simply because you are married to him or her, are terminated. If your spouse does not have a will or has a will but has chosen to exclude you from it, you will have no rights to his estate at his death.