Understanding the 8 types of divorce
You need to get a divorce anytime you wish to end your marriage. However, there are different ways of dissolving a marriage.
Some are straightforward, while others can be knotty. Your relationship with your partner and goals in the breakup will determine the pathway you embrace.
This piece discusses the available options to dissolve your union.
Dissecting divorce types
To better understand divorce types, it is advisable to categorize them based on their peculiarities. Thus, we will categorize different divorces into three for a systemic discussion.
Fault versus no-fault divorce
The two broad categorizations of divorces are fault divorces and no-fault divorces. What do they mean?
Fault divorce
It is a type of divorce in which spouses trade blame for the sour development in their union. It used to be the standard divorce. You must prove your partner’s wrongdoing to get a faulty divorce.
Every state now requires you to select between fault and no-fault divorce when splitting with your spouse instead of imposing the former on you. The grounds for a fault divorce may differ by state. However, adultery, imprisonment or felony conviction, extreme cruelty, intoxication or habitual drunkenness, desertion, and confined or incurable insanity are the typical grounds for seeking a fault divorce.
If you desire a fault divorce, you must prove the reasons. Some people follow the no-fault route even if their spouse is guilty of one or two of the reasons above because it is straightforward.
However, some jurisdictions recognize “covenant marriage.” This concept makes divorce more challenging. Thus, a fault divorce may be your only option if you have a covenant marriage.
No-fault divorce
Many people opt for this divorce type due to its simplicity, and fortunately, it is now available universally. A no-fault divorce happens when irreconcilable differences are the reasons for the dissolution. Generally, irreconcilable differences imply the union has broken down due to unamenable differences between you and your partner.
The relationship between contested versus uncontested divorce
This type of divorce focuses on the agreement between couples after their marriage. In other words, can they agree on the fundamental issues after the breakup?
Contested divorce
It is a type of divorce in which a couple disagrees on some settlement aspects. Some even disagree on the divorce itself. Others disagree on asset or debt sharing, custody issues, spousal or child support, and other crucial issues that you or the court must resolve before the union ends.
If you choose a contested divorce, the court will decide the disputed issues. You must attend hearings and provide proof for the court to make an informed decision, which is often costly and tiring.
Since your fate is in the judge’s hands, you and your partner may be dissatisfied with their decision. That is why it is often advisable to reach a compromise between each other.
You should only consider a contested divorce when issues have reached a melting point. For instance, your partner is abusive or hiding their assets. The court can help you decide in such a situation.
Uncontested divorce
It is a divorce in which a couple agrees on a divorce settlement without a third party’s involvement. You decided to take things into your own hands instead of being at the mercy of a judge. You worked collaboratively to draft the separation agreement and parenting plan before presenting them to the court for approval.
“This process is often cheap and quicker. It ensures a positive divorce settlement because you and your soon-to-be former spouse know your priorities and what is best for you. However, compromise is the currency of an uncontested divorce,” says divorce attorney Allen Russell of Atlanta Divorce Law Group.
Further, it is advisable to carry your lawyer along to enlighten you on your rights so your partner does not shortchange you.
Simplified divorce or summary dissolution
Some jurisdictions allow a simplified divorce process for a couple who wants an uncontested divorce after being married for a short while. This “summary or simplified divorce” is often quick and entails less paperwork. Speak with your divorce lawyer to know if you are eligible for this type of divorce.
Differences between litigated, mediated, and collaborative divorce
This divorce type is contextual. For instance, you could use litigation or mediation to resolve settlement issues. Some go for a collaborative divorce.
Let us consider them briefly:
Litigated divorce
It is a conventional way of resolving matters arising from divorce that defy compromise. You approach the court for a contested breakup. The judge will decide on child custody, property sharing, and support based on available evidence.
Mediated divorce
You and your partner decide to resolve dissolution disputes without involving an attorney. However, you engage a third-party mediator to facilitate open communication to help you quickly find compromise and resolve all issues.
Mediators do not impose anything on you; you did not hire them to decide anything for you. However, they help you find an objective compromise to avoid a litigated dissolution.
This process works better when you and your spouse are committed to an amicable resolution. If you do, you will save time and money on mediation and eventually approach the court for divorce. That process will be tedious and taxing for you.
Collaborative divorce
This divorce entails you and your partner hiring lawyers specializing in collaborative divorce. The lawyers will agree not to litigate the case but to work collaboratively for a settlement.
You and your partner will provide information to make the process work seamlessly. You may also meet numerous times as you work to find a compromise.
While this type of divorce is time-consuming, it is an ideal way to end a marriage, especially when children are involved. A collaborative divorce helps to end your marriage positively; it removes bad blood and abusive tendencies.
The need for legal help
It can be challenging to understand the divorce types and select an appropriate one without the advice of a legal professional. That is why you need a reputable divorce attorney to help you.
They will guide you from inception until the dissolution of the marriage. They will guide your choices to ensure you do not play into your spouse’s hands.
You can maximize your chance of obtaining the most positive possible result with the involvement of a legal professional. Thus, engage a local divorce attorney as you begin your divorce journey.