What is a Divorce a Vinculo Matrimonii? by Columbus, Ga Lawyer Mark Jones

FacebookLinkedInTwitterGoogle+PinterestTumblrShare

A Divorce a Vinculo Matrimonii and a Divorce A Mensa Et Thoro

by Columbus GA Lawyer Mark Jones

a divorce a vinculo matrimonii

 

If you have ever read a divorce decree, you will notice some rather dreary language regarding granting “a divorce a vinculo matrimonii.” Just what does that mean? And why do lawyers feel the need to speak in Latin?

Every time I draft a divorce decree, I am tempted to delete this “divorce a vinculo matrimonii” language.  But tradition has placed this language so firmly in every divorce decree, it is difficult to delete — even for a lawyer who likes to challenge convention.

So what does “a divorce a vinculo matrimonii” mean anyway? It is latin for a divorce from the “bonds of matrimony,” that is, a total or absolute divorce.  Apparently, the common law made a distinction between divorces.  At least one source states that, at least in common law times, a divorcee following a divorce a vinculo matrimonii could not marry his/her parmour following the divorce if the cause of the divorce was adultery.

The two divorces were:

  • a divorce a vinculo matrimonii, which was an absolute divorce; and
  • a divorce mensa et thoro, which was a divorce from bed and board

In this regard, see the authority of Prough v. Prough, 308 S.W.2d 294 (Ka. City Ct. App. 1957), which held: 

“In our early law divorce actions were in two separate divisions. One was divorce a vinculo matrimonii, i. e. absolute divorce. The second divorce was a mensa et thoro,i. e. divorce from bed and board. These are now substantially indivisible portions of the one action for divorce, and it has been uniformly held in this state that a wife cannot recover in a separate maintenance suit unless she makes such proof as would entitle her to a divorce if she were seeking that relief.” Id. at 295.

Therefore, the divorce mensa et thoro is akin to what we think of today as an action for separate maintenance. This action still exists in Georgia. See OCGA 19-6-10.  It’s basically a legal separation where one spouse generally pays alimony to the other spouse. This is an extremely rare proceeding.  Much like an annulment, they simply do not exist anymore with the advent of no fault divorce. 

If you are considering a divorce, please call the Law Offices of Mark Jones located in Columbus, Georgia. Lawyer Mark Jones actively practices in Columbus, Georgia and Phenix City, Alabama.  Call him today for a free consultation regarding your case.  706-225-2555


a divorce a vinculo matrimonii

Lawyer Mark Jones

 

 

 

 

What is a Divorce a Vinculo Matrimonii?
233 12th St #600
Columbus, GA
31901
Phone: 706-225-2555
Fax: 706-225-2556

Map to Law Offices of Mark P. Jones
See Inside the Law Offices of Mark P. Jones


View Larger Map

FacebooklinkedinTwitterGoogle Plus
YouTubePinterestFoursquareRSS

Client Says

  • Slide 1

    Army DUI Client

    Mark Jones is an excellent lawyer. His team always kept us informed every step of the way. … We are very pleased with the results and timeframe of the trial. I recommend him to anyone needing an honest, hardworking lawyer.

  • Slide 1

    Don

    Personal Injury Client

    In my experience Integrity is a rare commodity among Lawyers. I only had one case for Mark to work on but I could not have been given a more complete settlement and treatment. My rating is based upon just that; with no dissatisfaction what-so-ever. I'm sure, with each case being different, that such a high level of satisfaction may not be attainable yet I will keep Marks' name on record for any possible future litigation.

  • Slide 1

    Linda

    Trucking Accident Client

    Mr. Jones handled my case against a company whose truck driver was negligent, which resulted in my car being totaled and personal injury to me. From the onset, Mr. Jones was very attentive and understanding of my claim. His thorough knowledge of procedures, particular laws, and circumstances surrounding my type of claim reassured me as we went along. He was calm and confident, tenacious and patient. Had it not been for his expertise and service, I would not have been successful in my claim against the company. I was extremely pleased with the compensation agreed upon through mediation. I have absolutely no doubt that Mr. Jones will continue providing excellent service to all his clients!

  • Slide 1

    Christy

    Workers Compensation Client

    Mr. Jones is a very dependable and loyal lawyer to work with. He's very precise with his work and maintains a close relationship with his customers. I really appreciate his quality service. Tell him your problems and worry about nothing. He will take care of it!