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Types of Divorce

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The traditional representation of divorces in the movies and on TV is typically marked by arguments over serious issues such as child custody and the determination of who receives what at the end of the day – let alone emotions at fever pitch, occasionally with tense events developing because of those feelings – but, that form of divorce, legally referenced as a contested divorce, isn’t inevitable convention. There are a multitude of various types of divorce, many are very different from the common contested kind. In the end, divorce isn’t a standard matter, and the type of divorce spouses opt for is subject to the specifics of their circumstances:

Are they compliant to work with one and to reach an agreement on matters that may be otherwise fiercely contested?
Are there valuable assets to split or are there children involved?
Why is the marriage coming to close to begin with?

The solutions to these questions can assist in guiding divorcing spouses to the type of divorce that better suits their distinctive situation. Presently, a lot of alternatives pursue to keep the case out of court and resolve conflicts in a cooperative way when possible.

Below are the most frequently types of divorce:

Fault and No-Fault Divorces

Not long ago, the weight fell on the spouse wanting the divorce to show wrongdoing on the part of the other spouse in order to warrant the divorce. General reasons comprised of cheating, extreme inhumanity, neglect, and abuse. Whereas every state has put an end to making the practice of proving fault mandatory in preference of a no-fault method that recognizes that both spouses contributed to the failure of the marriage, 3 states still necessitate that fault be proven when the couple engaged in a “covenant” marriage – Arizona, Arkansas and Louisiana – and many states offer the “fault” option as well as the no-fault one. Nevertheless, no-fault divorces are now common practice, specifically for couples that don’t anticipate a lot of repercussions over issues such as the division of assets.

Uncontested Divorces

Contrary to conventional contested divorces, uncontested divorces rely on each of the spouses working alongside one another to negotiate the conditions. Essentially, the process involves each spouse filing separate documents with the court prior to going their separate ways amicably. Because everything is figured out at the beginning, there is no requirement for hearings, negotiation of settlements or other court proceedings.

Arbitration

When divorcing spouses wish to resolve combative issues outside court but can’t reach an agreement by themselves, they might opt for arbitration, whereupon a privatized judge referred to as an arbitrator assesses each parties account of the facts concerning the case as a unbiased 3rd party and then makes a judgment like a judge would in a courtroom.

Mediation

Another common option for couples unable to agree on divorce details but seeking to avoid court is mediation. Similar to arbitration, it involves an unbiased third party hearing both spouses’ perspectives. Unlike arbitration, the mediator doesn’t make decisions but facilitates communication for the spouses to reach an agreement. The finalized divorce judgment is then presented to a judge.

Collaborative Divorces

Also known as collaborative law or practice, collaborative divorces offer an alternative to court involvement in resolving a couple’s disagreements. Similar to arbitration and mediation, this method involves each spouse hiring their own attorney, specializing in collaborative law. Before beginning, both spouses sign an agreement committing to collaborative resolution. If unsuccessful, attorneys withdraw, compelling a fresh start—an effective incentive for cooperation.

Default Divorces

In essence, divorces in absentia occur when one spouse initiates the divorce, and the other remains unresponsive, often due to untraceability. The divorce is granted by default, without the non-responsive party appearing in court.

Summary Divorces

Summary or “simple” divorces aim to streamline the process for cooperative spouses with few assets, no children, and a short marriage. Many states set monetary limits on assets and debts, and no children or substantial property should be involved. Exceptions can be made with the right paperwork. In summary divorces, spouses usually only need to complete a few forms to conclude the process.

Contested Divorces

Traditional “contentious” divorces involve each spouse hiring their own lawyers and presenting combative issues in court for a judge’s decision. This formal process includes hearings, negotiations, and possibly a trial. Such divorces are necessary when spouses have substantial assets and debts at stake.

Same-sex Divorces

Same-sex couples in numerous states, alongside others, now possess legal options to officially end their marriages, partnerships, or unions. They follow processes akin to heterosexual couples.