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What Are the Different Types of Divorce?

Apr 11, 2023

 

Divorce proceedings may be difficult. Learn about the many forms of divorce and what may be appropriate for your case here.

What you will discover:

What exactly is an uncontested divorce?
What exactly is a disputed divorce?
What is the process of collaborative divorce?
When may I obtain a divorce by default?
Do I have grounds for a summary divorce?

Divorces may be as complicated as they are emotional. Most people believe that a divorce is a divorce, however there are a few distinct varieties. Differences in the legislation or the manner the spouse handles the divorce may exist. Understanding the distinctions between the various forms of divorce may aid in making the process as swift and painless as possible.

Table of Contents

      • What exactly is an uncontested divorce?
      • What exactly is a disputed divorce?
      • What is the process of collaborative divorce?
      • When may I obtain a divorce by default?
      • Do I have grounds for a summary divorce?
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What exactly is an uncontested divorce?

A divorce that is uncontested is excellent. In this situation, you and your spouse will collaborate to reach mutually acceptable divorce terms and submit the proper documents. There will be no trial in the case of an uncontested divorce. In fact, you may not even have to appear in court. If you and your husband can reach mutually acceptable terms, an uncontested divorce is the best alternative. It is one of the most straightforward forms of divorce and will take less time and money to execute.

We can supply you with the necessary divorce paperwork as well as legal guidance to make your divorce as smooth and stress-free as possible.

What exactly is a disputed divorce?

Contested divorces are among the most difficult sorts of divorce. Couples who are unable to reach an agreement on property distribution or child custody might have these matters decided by a court after a trial.

Couples going through this sort of divorce are often required to go through settlement discussions and hearings in order to address their difficulties. If no agreement can be reached, a court trial is often required. Because of the complexities of a contentious divorce and the legal processes involved, having a lawyer represent you might be beneficial.

What is the process of collaborative divorce?

Working with attorneys is also required in a collaborative divorce, but not in a courtroom trial. You and your husband will both employ attorneys to work together to try to resolve the lawsuit. In order to be successful, you and your spouse must be fair and cooperative.

To guarantee fair talks, all sides will share all relevant facts. Both parties must also be willing to meet with each other and their attorneys in order to reach an agreement. If you and your spouse are unable to reach an agreement, you both agree to remove your lawyers and engage new lawyers who may take your divorce case to trial.

In a collaborative divorce, a Divorce Settlement Agreement may be used to confirm your agreement on how to split accounts, property, child custody, and any obligations the two of you may have.

When may I obtain a divorce by default?

The court may award a default divorce if you petition for divorce but your spouse does not react. In this scenario, the divorce is granted despite the fact that the opposite party never appears in court. A default divorce, albeit less frequent than other forms of divorce, may be granted if a spouse departs without cause, never returns, and cannot be located.

Do I have grounds for a summary divorce?

Many states allow for a summary, or streamlined, divorce. This is frequent in brief marriages, those lasting fewer than five years. Couples who get this sort of divorce usually have minimal property, no children, and little shared debts.

Summary divorces need substantially less paperwork and seldom require the assistance of a lawyer. Most cases simply need a few basic paperwork, which may be obtained from your local family court. While both parties must still consent to the divorce, the procedure is easy and uncomplicated.

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