- Divorce

Types of Divorce and What to Know

When a couple decides to end their marriage there are several types of divorce that they can choose from.

No fault divorce

With this type of divorce the grounds for ending the marriage is irreconcilable differences. This means that either the wife or husband can end the marriage without stating a reason except irreconcilable differences. This cause for a divorce can mean anything from simply deciding that they no longer want to be married to one of them cheating. It is virtually impossible to stop the divorce when using this type since either one may initiate the proceedings to get a divorce. In states that have community property the bad actions of the wife or husband will not affect the fifty-fifty distribution of the property. The no fault divorce also cuts back on the time that will be needed to appear in court because the judge will not have to look at the behavior of the wife or husband to decide whether or not to grant the divorce. If there are children the judge may need to hear arguments to decide custody, visitation, and child support.

Uncontested divorce

This type of divorce is granted without the wife or husband having to go to trial. It implies that the spouses have no disagreements or disputes about ending the marriage, that both have been able to work out any differences and have negotiated a settlement without having to appear before the judge. It can also be considered an uncontested divorce if one files the papers and the other one fails to file a formal response. This type of divorce is generally cheaper and quicker than other types of divorces, especially ones that are contested.

Contested divorce

With this type of divorce there are major disagreements between the wife and husband that cannot be resolved outside of mediation and possibly court. If they have to go to court the judge will be the one that will decide what is fair. This type of divorce can be expensive and involve lengthy appearances in court. It can also take a long while for the divorce to be granted.

Divisible divorce

In this type of divorce the marriage will be terminated but other issues that are generally settled during the divorce will remain unsettled. Generally child support, alimony, division of property and debts, visitation, and custody are decided before the divorce is granted but in a divisible divorce these issues may be decided after the marriage has been terminated. Many couples choose this type of divorce if one party wants to remarry without waiting weeks, or even months for the divorce to be finalized.

If you want to terminate your marriage talk to a divorce lawyer to find the one best suited for your situation.

About Grace Duffy

Read All Posts By Grace Duffy