Common types of divorce explained in simple terms. Learn about uncontested, contested, collaborative, and default divorces to find the best path forward.
There are several common types of divorce, including uncontested, contested, collaborative, and default. Each type has its own process, costs, and emotional impact. Understanding these differences can help you choose the best approach for a smoother legal journey.
Did you know there are over 1.6 million marriages in the United States? Unfortunately, around half of them turn out to be unhappy unions that need to be dissolved. If you’re wondering what the divorce process looks like, you’ve come to the right place.
Read on to find a legal guide on the common types of divorce.
Uncontested Divorce
When it comes to getting a divorce, an uncontested divorce is among the easiest options. In this scenario, both parties will agree to terms for dividing assets. The signs of divorce may have been clear for both sides, making the process of splitting more amicable.
An uncontested divorce also tends to be easier on your budget. You won’t need to mess with the courts or spend a lot of money on a divorce attorney. Both spouses will work together to negotiate a fair division of assets.
Contested Divorce
In a contested divorce, the divorce process escalates and requires court proceedings to move forward. What may begin as an uncontested divorce can transition to a contested one when there is a disagreement from one or both spouses.
For instance, a husband may disagree with the terms outlined in a potential settlement. This could include an alimony payment amount during a high asset divorce. When that disagreement happens, both the husband and his spouse will need attorneys to move the divorce process forward.
Contested divorces rely on a judge to make a decision. These proceedings can be emotional, difficult, and messy. And they can take months if not years.
Collaborative Divorce
In a collaborative divorce, both spouses actually agree — in writing — that they will not turn to the courts. Both parties will use lawyers and a mental health professional to help arrive at a result that leaves everyone content.
This process requires more willingness to negotiate. It also tends to require more patience since negotiations can take a while. But a collaborative divorce tends to be one of the healthier approaches to divorce.
Default Divorce
What happens when one person files for divorce but the other person is unresponsive? In this situation, you have a default divorce.
The person filing for divorce will need to show a judge that they’ve made every effort to reach the other party. This can include posting a divorce petition in the newspaper or sending it through social media. If the person doesn’t get a response despite these efforts, they’ll be granted a divorce by the courts.
On the downside, this divorce process can be tiring. It may also be more difficult to secure a fair division of financial assets.
A skilled divorce lawyer in St. Louis can guide you through complex legal matters with confidence. They provide clear advice during stressful times. With their support, you can move forward toward a better future.
Learn About the Common Types of Divorce
When you know about the common types of divorce, you can know what to expect. Ideally, you can pursue an uncontested or mediated divorce to have a less expensive and emotionally tiring process. But in some instances, a divorce may be contested or result in a default divorce.
To learn more about the legal process, check back to find new and informative articles soon.
FAQs
- What is the easiest type of divorce to get?
The easiest type of divorce is an uncontested divorce. Both spouses agree on dividing assets and avoid lengthy court battles. It is faster, cheaper, and less stressful. - How long does a contested divorce take?
A contested divorce can take several months or even years. This is because disagreements require court hearings and legal intervention. The timeline depends on the complexity of disputes. - What happens in a collaborative divorce process?
In a collaborative divorce, both spouses work with lawyers and sometimes mental health professionals. The goal is to settle disputes without going to court. It focuses on cooperation and healthier resolutions. - Can I get divorced if my spouse doesn’t respond?
Yes, this is called a default divorce. If one spouse doesn’t respond after repeated attempts to contact them, the court may still grant the divorce. However, dividing assets fairly can be harder. - Which divorce type is most affordable?
An uncontested divorce is usually the most affordable option. Since both parties agree, legal fees and court costs are minimal. It saves money and reduces emotional stress.
