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Types of Divorce
Home » Divorce » Types of Divorce » Types of DivorceThere are several different types of divorce. Divorce is a matter that is under the jurisdiction of state law and some states do not recognize each type of divorce. It is a wise decision for anyone who is going through a divorce to be represented by an attorney or at least have one on retainer in case they are needed. Even if the divorce appears to one that is uncontested, things can turn around quickly and an attorney may be needed at the last minute. Listed below are some of the most widely recognized types of divorce:
• No Fault Divorce: No fault divorces are recognized in every state in the United States at this time. The way no fault divorces work is that both spouses agree that the breakdown of the marriage is neither one of their faults and that no amount of counseling and working on the marriage will save it. In several states before a no fault divorce will be granted the couple has to have had lived apart for several months and sometimes even up to a year.
• Fault Divorce: Not every state allows fault divorce. In this type of divorce the divorce petition will be granted as long as proper grounds are evident and as long as one of the spouses asks for the divorce on the grounds of fault. Typically the grounds for a fault divorce include: cruelty (either emotional or physically), infidelity, one spouse being sentenced to prison for a period of time and no sexual contact will be able to be exchanged (as long as imprisonment was not a factor when the couple was married), and desertion for a certain period of time. Often times people choose to seek this type of divorce because they do not want to go through their states time limit for living apart in order to get a no fault divorce. It is also more likely for the alimony and marital properties to be greater in a fault divorce.
• Uncontested Divorce: An uncontested divorce is a divorce where both spouses agree on every detail of the divorce. There are no arguments over who gets what, who the kids will live with, or visitation schedules. An uncontested divorce doesn't always mean that the two parties are amicable it just means that they worked out the terms of the divorce outside of the courtroom. Uncontested divorce is typically much less expensive for everyone than other types of divorce.
• Contested Divorce: A contested divorce is one in which the spouses cannot agree on the terms of the divorce. The husband and the wife are unable to settle things out of court even with the aid of their attorney's and the divorce must be heard and decided by a judge. Contested divorces seem to be the norm in most cases because it is generally hard for a divorcing couple to agree with one another. Some of the typical issues that are being contested in a contested divorce include: division of marital assets, child custody and/or child support, alimony, allocation of debts, and an uncontested divorce.
• Mediated Divorce: A mediated divorce is one in which a mediator is used rather than the divorce going to court. Couples along with their attorneys work with the mediator who is an unbiased third party to work out the details of the divorce. Many couples see mediation as a way to stay in control of their divorce rather than have a judge decide the outcome.
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