What Are the Main Types of Divorce?

You married the love of your life. Now the honeymoon phase is over. All you do is fight and bicker.

Sounds like you might need a divorce. Data shows that 40-50% of marriages end in divorce.

Want to get a divorce? Read this guide to learn about the different types of divorce. Learn which of the divorce options you should consider.

No-Fault Versus Fault Divorce

When you think about divorce, the type that might come to mind is the no-fault divorce. A no-fault divorce allows a spouse to file for divorce even if their partner doesn’t agree to a divorce.

As the name implies, a spouse who files for a no-fault divorce doesn’t have to prove their partner is at fault. It isn’t grounds for a divorce. There’s no need to go over grievances in court.

A spouse who files for a fault divorce will need to show how the other spouse’s conduct caused the divorce. This is an option that spouses choose to overcome the divorce waiting period.

Grounds for a fault divorce include adultery, abuse, and desertion. Not all states offer this option.

Uncontested Divorce

In an uncontested divorce, both parties agree with the divorce’s legal grounds. Both also agree on all the terms of the divorce.

Both spouses must sign a settlement agreement. The agreement outlines the division of property and the allocation of marital debt. It also goes over child custody, as well as child and spousal support.

Collaborative Divorce

A couple who wants to try to resolve their issues can seek a collaborative divorce. It doesn’t involve the court’s help. Each spouse will hire their own legal counsel.

The attorneys the spouses hire should focus on collaborative law. The spouses will work together to reach an agreement. If there isn’t a resolution, the attorneys will withdraw.

The spouses will have to then start from scratch. This is an incentive that motivates the couple to work together.

Divorce Mediation

Divorce mediation is an option for couples who aren’t able to agree on the small details of the divorce. It’s great for couples who want to try to resolve their issues without going to court.

A neutral third party will work with the couple. The lawyer’s role is to help with communication. The lawyer doesn’t make any decisions on the behalf of the couple.

The goal of the neutral third party is to help the couple complete a divorce agreement. The judge will use the agreement to develop the final divorce judgment.

If you’re seeking a divorce, consider trying divorce mediation. Hiring a divorce lawyer who focuses on divorce mediation can help you with your case.

Consider These Types of Divorce

If you need to file for a divorce, you should know the types of divorce that exist. The divorce process can be complex, so you must know what to do to win your case. One of the divorce options might be right for you.

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