6 Different Types of Divorce That Are Common

Different Types of Divorce

There are different types of divorce, just as there are various types of relationships. Each has its own set of financial concerns, child custody battles, and property settlements. 

Not to mention the enormous emotional toll that every person who goes through this difficult process must bear.

Furthermore, divorce or the dissolution of a marriage can occur in a variety of ways. 

While you might think that the process will inevitably lead you and your spouse to court, this is not always the case. 

In fact, it’s estimated that 95 percent of all divorces in the United States are concluded amicably, with both parties agreeing on matters like child custody, alimony, and property division. 

In general, there are two kinds of divorces. “Divorce from bed and board,” for example, is a legal option in several states. 

This grants couples to split legally and is commonly applied by spouses who wish to live their own lives but don’t want to break their marriage for any reason formally.

These days, divorce from bed and board is uncommon. While an “absolute divorce,” which closes the marriage, is the most prevalent type of divorce. So to speak, a legal, clean break.

Some of the different types of divorce are;

1. Uncontested Divorce

An uncontested divorce that isn’t disputed is ideal. In this situation, you and your spouse will work together to arrive at divorce terms that you both can agree on and file the required paperwork. 

Additionally, there will be no trial in an uncontested divorce. In fact, you’re unlikely to have to go to court at all. 

Besides, an uncontested divorce is the greatest option if you and your spouse can reach an agreement that you both agree on.

It’s one of the simplest types of divorce to execute, and it takes less time and money.

2. Default Divorce

A default divorce is one of the common types of divorce. When you file for divorce, and your spouse does not respond, you have a default divorce. 

For example, if your husband has gone missing and can’t be found, you will likely see this. 

Furthermore, even if your spouse hasn’t participated in the court processes, a judge can grant the divorce if you’ve followed the court’s rules and regulations. 

On the surface, this appears to be the ideal circumstance. No one is there to oppose what you’re asking from the court.

However, you should be aware of the advantages and disadvantages of a default divorce.

3. Collaborative Divorce

Working with lawyers is also part of a collaborative divorce, although it does not occur in a courtroom. 

You and your spouse will employ attorneys to collaborate and settle the issue. To be successful, this form of divorce requires that both of you be fair and cooperative. 

However, to ensure that talks are fair, both sides will share all relevant facts. Both parties must be willing to meet with their lawyers and each other to settle. 

Additionally, if you and your spouse cannot agree, you both agree to fire your lawyers and hire new ones to take your divorce case to trial.

4. Contested Divorce

Contested Divorce is one of the different types of divorce. If you and your spouse are at odds over one or more marital difficulties and are unable to reach an agreement, a judge will be forced to settle those issues for you. 

This is what a contentious divorce entails. Furthermore, divorces that are contested are stressful, time-consuming, and costly (think of the growing attorney’s bills). 

If necessary, you’ll go through a long process of exchanging financial and other pertinent information, mandated settlement negotiations, and court hearings for temporary relief, such as interim alimony.

5. Summary Divorce

A summary or streamlined divorce is available in many states. This is a regular occurrence in short marriages, which often last fewer than five years. 

Additionally, this divorce is generally granted to couples with minimal property, no children, and minor joint debts. 

Summary divorces require far less paperwork and usually do not call for the assistance of a lawyer.

 Furthermore, most cases only require a few simple forms that can be obtained from your local family court. While both couples must agree to divorce, the procedure is easy and simple.

6. Same-Sex Divorce

Same-sex divorce is also one of the different types of divorce. The United States Supreme Court issued a landmark decision in 2015, legalizing same-sex marriage across the country. 576 U.S. 644, Obergefell v. Hodges.) 

Before this judgment, it was difficult for same-sex couples who married in other countries or states where it was legal to divorce. 

For example, if a couple married in California in 2013 wished to divorce, the law obliged them to do so in a state where the marriage was recognized. 

Additionally, some states have strict residency requirements, making dissolving the couple’s legal marriage practically impossible. 

Besides, since 2015, same-sex couples who marry in the United States (or another nation) have been able to divorce in any state as long as they meet the state’s divorce conditions, such as residence and waiting periods. 

Besides, there is no longer any distinction between the legal processes for same-sex and opposite-sex divorces.

In conclusion, while the process for each divorce will vary according to state laws, all divorces should begin with the assistance of a legal professional. 

Additionally, a legal expert may make the divorce process less stressful, complex, and confusing for spouses by handling paperwork, preparing spouses for arbitration, identifying collaborative professionals, and going to court when necessary. 

Furthermore, the divorce process is already painful, but having the appropriate attorney on your side will help you get through it as quickly as possible.

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like