Different Types of Divorce
Everyone gets married hoping the relationship will last a lifetime, but at times, the best decision forward is to part ways. If your marriage has hit a dead end, you may consider divorce or separation. Divorce refers to the legal process of dissolving a marriage.
While the final outcome of any successful divorce is the same, couples may opt for different approaches to achieve the outcome. And depending on the approach used, different types of divorce exist. The type of divorce chosen will depend on how well the couple can reach an agreement, if they have properties or children together, and why they are ending the marriage.
By knowing your divorce options prior, you can pick the best one to suit your unique situation. This guide explores the different types of divorce to help you make an informed decision.
Uncontested Divorce
In an uncontested divorce, both parties are in mutual agreement to end the marriage. The parties will negotiate and settle on custody, child support, alimony, and property division without needing to have a trial or hearing. However, this type of divorce is only applicable to couples who can work together to come up with the final agreement.
Since this type of divorce does not involve a trial or hearing, the process is straightforward, less expensive, and takes much less time to finalize. If you opt for an uncontested divorce, you can seek legal representation to understand your legal rights, obligations, and consequences.
Contested Divorce
If the divorcing couples are not agreeing over one or more marital issues, a dispute may arise. For the divorce process to finalize, couples need to resolve these issues. Such couples will seek the court's help to settle the contentious issues. The court process will involve hearings, negotiation, and, at times, trial.
Some reasons for contested divorce include disagreement on co-parenting, spousal maintenance, concealment of assets, marriage abuse, or one party unwilling to negotiate or compromise. A contested divorce can be messy, costly, time-consuming, and stressful. Also, since a judge makes the judgment, the outcome may not be appealing to either or both parties.
Collaborative Divorce
In this type of divorce, both parties sign an agreement. The parties will agree to settle the matter without a court trial and disclose all relevant information for fair negotiations. Also, each spouse will have an attorney to guide them through the private proceedings.
If the parties do not agree on a fair settlement during the process, both attorneys will withdraw from the case. Each party will then have to hire a new attorney, and the case proceeds to a trial.
Collaborative divorce is ideal if both spouses are willing to commit to the process and treat each other with respect and dignity. Also, you may opt for this divorce if you wish to protect your children from the adverse impact of a messy divorce.
Default Divorce
If you file for a divorce, but your spouse doesn’t answer the divorce petition, the judge may grant a default divorce. A default divorce is likely to happen if a spouse leaves for unknown reasons and is untraceable. If the spouse filing for a divorce petition follows all requirements by the court, the court will grant the divorce without the other party participating in the proceedings.
Even in the best of circumstances, a divorce is never easy. However, your divorce process can be effective, quick, and less stressful if you pick the best type of divorce for your situation. If you need help with your divorce proceedings, the legal experts at Rise Law Group can help. We look forward to meeting with you.