What are the different type of divorce ?
Most people are assumed that a divorce is a divorce, but there are a few different types of divorce. There may be differences in the law, or in the way the couple approaches the divorce case. Understanding the differences between the many types of divorce can help make the proceedings as quick and painless as possible.
TYPES OF DIVORCE
- CONTESTED DIVORCE
- UNCONTESTED DIVORCE
- SUMMARY DIVORCE
- COLLABORATIVE DIVORCE
- MEDIATED DIVORCE
- DEFAULT DIVORCE
Contested Divorces are often the messiest types of divorce. If you and your spouse are at loggerheads over one or more marital issues, to the point that you can’t come to an agreement, then it will be up to a judge to decide those issues for you. This is what’s meant by a contested divorce.
These type of divorce are longest time-taking. Contested divorce are expensive and also stressful for both the side. Several hearings, motions, a trial, a lengthy discovery process, subpoenas and delays may play a front and center role as a contested divorce moves forward.
And if you can’t resolve the case after all that, there will be a court trial. The burdens of a contested divorce are why the vast majority of divorce cases ultimately settle at some point before trial.
Uncontested Divorce is ideal. An uncontested divorce works when a couple can agree to work together and find ways to compromise with each other, instead of instilling the divorce process with hate and conflict. It is the quickest and least expensive of all divorce options.
A Summary Divorce sometimes called the simplified divorce. Summary divorce involves a less paperwork than other type of divorce. Summary divorce are easy to do without a lawyer. Couples that are granted this type of divorce typically have little property, no children, and insignificant joint debts.
Another ADR option is “Collaborative Divorce”.
A Collaborative Divorce also involves working with lawyers, but not in a courtroom trial. Both you and your spouse will hire lawyers to work together and attempt to settle the case. This type of divorce requires the two of you to be fair and cooperative in order to succeed.
Both parties will disclose all information to ensure that negotiations are fair. Both parties must also be willing to meet with each other along with their lawyers to discuss a settlement. If the two of you are unable to come to an agreement, you both agree to withdraw your attorneys and hire new attorneys who will take your divorce case to trial.
Before filing for divorce, options are available to you if you need assistance in trying to resolve your differences. These are referred to as “alternative dispute resolution” (ADR) methods. One of those is divorce mediation. Here, a trained neutral third party (the mediator), sits down with you and your spouse to try to help you resolve all of the issues in your divorce.
It’s not the mediator’s job to make decisions for you. Rather, mediators offer guidance and help you communicate with each other until, hopefully, you reach a meeting of the minds. A successful mediation usually ends with the preparation of a property settlement agreement.
A Default Divorce occurs when you’ve filed for divorce, and your spouse doesn’t respond. You’d likely see this, for example, if your spouse has left for parts unknown and can’t be found.
Assuming you’ve complied with the court’s rules and regulations, a judge can grant the divorce despite the fact your spouse hasn’t participated in the court proceedings. On its face, this may seem like the ideal situation. No one is there to contest what you’re asking the court to give you. But be aware that there are pro and cons to a default divorce.