An absolute divorce is a type of divorce that legally ends a marriage. Once a decree of absolute divorce is entered, the parties are free to remarry. The decree of absolute divorce is a formal order issued by the court to end the divorce proceeding. After an absolute divorce, one party can no longer inherit property from the other. Any property owned by the parties jointly as spouses automatically becomes property held in common (each owns one-half) . As part of an absolute divorce, a spouse may ask the court to allow the spouse to resume their former name. Additionally, the parties may ask the court to consider and decide issues of alimony (payment from one former spouse to the other) .
Recently, a Senate panel approved a consolidated measure that provides for absolute divorce based on various grounds, including five years of separation. The proposed “Dissolution of Marriage Act” expands the grounds for dissolution of marriage, and institutes divorce in the Philippines.
