Common Types of Divorce

A Legal Guide on the Common Types of Divorce

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.

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.

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