The Different Types of Divorce: A Simple Guide

The Different Types of Divorce: A Simple Guide 1

Divorce is far too common in the United States. Every year, there are nearly 750,000 divorces in the country.

Unfortunately, it is a complicated legal process that requires the assistance of a divorce lawyer. There are so many impacts beyond ending the union between two partners.

Many divorced couples are homeowners and need to figure out what to do with their house. Others are parents and need the court’s help in settling custody matters. There is also the touchy subject of splitting up financial assets and debt.

Read on to learn about the different types of divorce. Explore this comprehensive guide to getting a divorce that is certain to help you navigate the process.

Uncontested Divorce

An uncontested divorce is an ideal outcome for both parties. Here, both spouses agree to legally end the marriage.

Uncontested divorces are quick and follow an expedited court process. Both parties agree on how to split up assets, pay off debt, and what to do with the house. They also reach a mutual agreement on child custody.

The downside of this arrangement is when one side unwittingly gets a bad deal. Some parties are unaware of their rights and they are left on the short end of a retirement pension or alimony.

Fault and No-Fault Divorces

In the past, a fault needed to be established for a judge to allow a divorce. One partner would accuse the other of infidelity, abuse, or another serious allegation that justified the divorce.

This is no longer the case and no-fault divorces are now commonplace in every state. Here, both parties agree that there are irreconcilable differences.

The no-fault divorce should not be confused with an uncontested divorce. Even when neither party is at fault, there may still be disagreements over the division of property and financial assets.

Default Divorce

In some cases, one of the spouses is a no-show to divorce proceedings. Perhaps they have fled the area altogether or they are unwilling to respond to the petitioner’s legal filings.

The solution for this scenario is called a default divorce. This is where the judge grants the divorce and all the requests made by the petitioner.

There is a waiting period that needs to expire before a judge can take this action. Each state has a different waiting period codified in divorce law.

Mediated Divorce

Many couples struggle with the decision to file for divorce. They stress about it and spend countless hours wondering should I file for divorce.

There are mediation services that can help make the process easier. A mediator does not make decisions about your divorce. Instead, they help the couple communicate and discuss things like custodial agreements.

Different Types of Divorce Explained

You now have a basic understanding of the divorce process. Divorce is not easy and there are many different roads that you can go down.

The most ideal divorces are quick and do not have prolonged legal battles. However, it is not uncommon to hire a divorce attorney to help you fight for what you deserve.

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