April 30, 2021
Contrary to popular belief, fault does not always have to be proven for a couple to obtain a divorce decree. In fact, many marriages have ended peacefully, with neither spouse feeling the need to accuse the other of misconduct. Check out this list of six different kinds of divorce:
During fault divorce proceedings, the party who filed for divorce must prove that the other party engaged in activities that led to the breakdown of the marriage. Such activities include adultery, domestic violence, desertion, imprisonment, long-term estrangement, and drunkenness. Fault divorces are amongst the most common kinds of divorces.
In a no-fault divorce, each spouse concedes that they took part in activities that led to the dissolution of their marriage. Neither party has to showcase one another’s wrongdoings. However, they do have to establish that they have been voluntarily separated for 12 months or more or involuntarily separated for at least two years.
There is essentially no fighting during an uncontested divorce. Both parties agree on all matters. Oftentimes, people who get uncontested divorces do not have much to fight over. They usually do not have any children nor do they share a substantial amount of assets. Uncontested divorces are relatively inexpensive compared to other types of divorces.
Contested divorces are filled with disagreements and battles. Couples who file for such divorces usually cannot agree on anything. They argue over assets division, debt allocation, spousal support, child support, and child custody arrangements. Contested divorces are usually more time-consuming and expensive than uncontested ones.
Collaborative divorces begin with both parties signing a form that states that they will work together to achieve a mutually beneficial agreement. Attorneys, divorce coaches, financial specialists, and child specialists will work together to help the couple amicably split. Collaborative divorces are ideal for parents who do not want their children to experience a great deal of trauma during their divorce.
Default divorces are uncommon. They occur when one party does not respond to the other’s petition for divorce after 30 days or more of being served. They also occur when the other party cannot be contacted nor found. A judge will interpret the missing party’s absence and lack of communication as justification for a default divorce. Courts recognize a variety of divorces. Contact a family lawyer today, such as a family lawyer from the Winfrey Law Firm PLLC, to gain a better understanding of the legal processes involved in obtaining a divorce.