Nearly 750,000 divorces were filled in 2019. Most people probably think there is only 1 type of divorce. But divorce is certainly not one size fits all. Over the years the divorce proceedings have changed a lot.
Today spouses can file for divorce with no party at fault. This has created different types of divorce to cater to different circumstances. Read on for your divorce options.
The Most Common Types Of Divorce
There are two divorce principles we need to understand, at-fault vs no-fault divorce and contested vs uncontested divorce.
Previously, courts would only grant a divorce if one spouse could prove the other was “at fault” for the breakdown of the marriage. Usually through infidelity, abuse or neglect. No-fault divorce is where a spouse will file for divorce with no stated reason.
An uncontested divorce is where both spouses agree to divorce without any litigation. Uncontested divorces can be as simple as both parties filing the necessary paperwork together. These are best for uncomplicated divorces.
Contested divorces occur when one party is seeking a divorce and the other is not. Contested divorces typically take months or even years to resolve. Contested divorces can take place even if both parties agree to separate but are not in agreement on the conditions of the divorce. Such as child custody and support and division of property.
You can have no-fault divorces that are either contested and uncontested, and at-fault divorces that are either uncontested or contested.
Most divorces can be settled out of court, and this is ideal for most divorces. Your circumstances will determine how you should proceed.
A mediated divorce is when a mediator is hired to work with the divorcing couple. In this case, neither spouse seeks individual legal counsel, and both work with the mediator. The mediator does not give legal advice or render an agreement but supports the couple in coming to a fair and agreed resolution.
In this case, both spouses hire separate lawyers. Both spouses agree to disclose all information and settle the matter out of court. Both parties are guided by their lawyer. This is a good approach for complex divorces where parties are in agreement to separate but have issues that need resolution.
This type of divorce allows for legal representation, such as https://ephraimlaw.com/military-divorce/, but aims to resolve the proceeding in private. If the divorce cannot be resolved then the matter must be taken to court and new lawyers must be found.
In circumstances wherein the spouse is unable to be located or has not responded to the divorce petition within a reasonable time, a default divorce can be sought.
If this happens the spouse seeking the divorce will petition the judge to grant a divorce by default.
If one spouse is not agreeing to the divorce or if spouses are significantly apart on the conditions of divorce then the divorce will be contested and must be settled by the courts. A judge will make a ruling on the conditions of the divorce.
Getting divorced is not a fun process. To make sure you get the best outcome for you, your partner, and your children you need to know the types of divorce and make the best decision for your circumstances.
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