Divorce is the legal termination of a marriage between two people. It is an emotional and often complex process that can be triggered by various reasons such as infidelity, abuse, or irreconcilable differences. There are different types of divorce, and each type has its own set of requirements and procedures. In this blog, we will explore the different types of divorce.
No-fault divorce is a type of divorce where neither party has to prove the fault of the other party. In this type of divorce, the couple can simply cite irreconcilable differences as the reason for their divorce. This type of divorce is available in all states and is the most common type of divorce in the United States.
Fault-based divorce is a type of divorce where one party has to prove that the other party is at fault for the divorce. The grounds for fault-based divorce can vary from state to state, but common grounds include adultery, cruelty, abandonment, and substance abuse. In a fault-based divorce, the party alleging fault must provide evidence to prove their case.
Uncontested divorce is a type of divorce where the couple agrees on all issues related to the divorce, including child custody, division of property, and spousal support. In an uncontested divorce, the couple does not have to go to court, and the divorce can be finalized relatively quickly and inexpensively.
Contested divorce is a type of divorce where the couple cannot agree on one or more issues related to the divorce. In a contested divorce, the couple must go to court, and a judge will decide the issues that the couple cannot agree on. Contested divorces can be expensive and time-consuming.
Mediated divorce is a type of divorce where the couple hires a mediator to help them reach an agreement on the issues related to the divorce. The mediator is a neutral third party who helps the couple communicate and negotiate. Mediated divorces can be less expensive and less adversarial than contested divorces.
Collaborative divorce is a type of divorce where the couple hires attorneys who are trained in collaborative law. In a collaborative divorce, the couple and their attorneys work together to reach an agreement on the issues related to the divorce. If an agreement cannot be reached, the couple must hire new attorneys and go to court. Collaborative divorces can be less expensive and less adversarial than contested divorces.
Default divorce is a type of divorce where one party files for divorce, and the other party does not respond. In a default divorce, the court will grant the divorce based on the filing party’s request. Default divorces are typically used when one party cannot be located or is unwilling to participate in the divorce process.
In conclusion, divorce can be a difficult and emotional process, but knowing the different types of divorce can help you make informed decisions about how to proceed with your divorce. Whether you choose a no-fault divorce, a fault-based divorce, an uncontested divorce, a contested divorce, a mediated divorce, a collaborative divorce, or a default divorce, it is important to have a clear understanding of your rights and responsibilities. It is always advisable to consult with an experienced family law attorney to help you navigate the divorce process.