4 Types of Divorce

There comes a point in marriage where the institution of marriage experiences serious turbulence that if left unchecked might result in divorce. While some married couples navigate this turmoil unscathed and continue their marriage until death, others find themselves contemplating divorce. The majority of people who find themselves in this kind of unenviable position finds themselves in a dilemma on whether to divorce or not. They also want to divorce without facing the negative consequences that are associated with it.  For such people, it is important that they follow a how-to-divorce guide that has some important information for them as they navigate this experience.

A person in the verge of divorce ought to be aware of the various types of divorce. Normally, there are four types of divorce namely

  • Uncontested divorce
  • No-fault divorce
  • Simplified divorce
  • Limited divorce

Types of Divorce:

Uncontested divorce, which is the most popular of the four, accords the parties to the divorce a chance to terminate the marriage with dignity.  A couple wishing to pursue this kind of divorce ought to be prepared to reach an agreement on all aspect of the settlements concerning all the terms of the break-up. Just like uncontested divorce, ‘simplified divorce’ is almost hassle-free. All what it require is for the spouses to be in agreement on the terms of the settlement concerning the breakup and the sharing of assets and properties among children, all of which should be below 18 years of age.

‘No-fault’ type of divorce permits couples to file for divorce without necessarily citing reasons for asking for divorce. For instance, they might just cite “irreconcilable difference” as the reason for divorcing. A divorce is normally determined absolute if the bases for such a divorce include infidelity, domestic abuse, or abandonment. The moment an ‘absolute divorce’ has been determined the court embarks on the process of settling the pressing issues that might include; issues of children custody and division of family property, before both parties can go their separate ways.

Simplified divorce is an inexpensive way to end a marriage. If your state allows simplified divorce, it will speed up the process and keep you out of court. If you and your spouse have no children and are able to come to an agreement regarding splitting any marital you may want to go this route. The beauty of this process is that  an  attorney is not required but, if you or your spouse has any legal questions, you should consult an attorney.  Simplified divorce is quick and less stressful but, if you have doubts about any agreements you are negotiating you should protect yourself by getting your own legal representation.

A limited divorce is similar to separation.  Courts generally use limited divorces for people who wish to end their marriage but do not have grounds for an absolute divorce, or couples that need to arrange their finances but cannot settle their grievances on their own.  Like legal separation, spouses must live apart.  Limited divorces also give partners time to settle questions such as alimony, child support, child custody, health insurance, and division of property questions before their separation is finalized.  Laws regarding limited divorce also vary from state to state.

 Divorce Directory Service

How people go through the divorce process is important and at Divorce Cures we have a directory of divorce professionals. May couples going through divorce will use mediators, which essentially involves calling a third party to assist in thrashing out outstanding issues so that conflict can be reduced in the divorce.Many people use the traditional ‘litigated divorce’ where spouses present their divorce case in a family court because they have been unable to reach an agreement on the settlement and terms of the break-up.

Other couples prefer the  so-called ‘negotiated divorce’, which require spouses to talk out outstanding issues in an open manner without involving a third party.

There is also a process called collaborative divorce, which call upon attorneys from both sides to employ cooperation, effective communication, and problem solving techniques as opposed to their litigation technique which is considered combative.

We also have a great section within our site if you need more information/products on the divorce process.

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