Types of Divorces

Divorce is the term commonly applied to the legal termination of a marriage. The process for obtaining a divorce includes resolving issues of spouse or child support payments, child custody arrangements, equitable division of debts, and allocation of assets. In most parts of the world, divorce paperwork must be approved by a court of law to be considered legally binding. There are several ways people can seek a divorce, though they are basically divided into two categories: No Fault and At Fault, as in some situations the court is required to assign fault to one party. Though there are other types of divorce which can be used depending on the circumstances under which the relationship ended, all terms must be ratified by the court once they have been decided.

No Fault

A No Fault Divorce is exactly what is says it is; a divorce in which neither party is responsible for the breakdown of the relationship. The most commonly stated reasons for granting a No Fault Divorce are "irreconcilable differences" and "incompatible parties". Either spouse can file for a No Fault divorce or by both parties and not evidence of misconduct or proof of transgressions is required. If one party was engaged in misbehavior, it is deemed irrelevant under this type of filing. In the majority of states, it is insignificant in the eyes of the court if one partner does not want the divorce. It will generally be granted, with or without their consent.

Ar Fault

Prior to 1970 and the establishment of the No Fault Divorce, the At Fault Divorce was the most common type of marital dissolution. Under the At Fault system one party was required to prove that the other had undertaken an action or series of actions which was irrevocably damaging to the relationship. These actions were referred to as 'grounds' and included infidelity, physical abuse, mental cruelty and abandonment. In situations where both parties are proven to be at fault, the court must determine which has committed the greater offense by following a set of established guidelines known as comparative rectitude. In many countries, one spouse must still find evidence of wrongdoing in order for a divorce to be granted. In the United States, proof of fault is only mandatory in New York.

Contested and Unconstested

When a couple can agree on the major issues- such as custody of children, division of property, resolving monetary situations, and financial support- outside of the courtroom, they are granted what is called an uncontested divorce. The terms of this type divorce can be reached with or without the assistance of an attorney or legal advisor and is generally granted without question. However, in their haste to get out of an unhappy relationship, many people inadvertently relinquish rights they were not aware they had. It is always best to obtain legal advice before signing a divorce decree. Alternatively, when a couple cannot come to an agreement on the major issues, the divorce is classified as 'contested' and their case will be taken before a judge.

Simplified

A simplified divorce is a type of no fault, uncontested divorce. If the partners in question are able to resolve all conflicts, there are no children involved and there is no real property to divide a couple can seek a simple divorce. This particular set of criterion is more common in relationships of short duration than of those which have been established for more than 5 years. However, if you qualify for a simple divorce you will find it requires less of your money and time than more traditional legal divisions and it tends to be less stressful.

Mediation

Mediation is an unconventional approach to divorce procedures. In pre-arranged sessions a negotiator assists the couple in the communication process. Once the discussion has begun, the mediator ensures the conversation stays focused on the resolution of their differences and helps them to reach an agreement which is mutually beneficial. At the conclusion of the session, the spouses emerge with a detailed divorce settlement which can then be submitted to the court. This method can cost considerably less than taking the matter before the judge, but it should probably not be attempted by a couple whose breakup has been less than amicable.

Regulations

Many states have adopted the Uniform Marriage and Divorce Act, however, even under the Act each state has its own set of rules and regulations regarding divorce. For example, in most states the divorce paperwork must be filed in the state you currently live in, not the state you were married in. Getting a divorce from a locality other than your legal residence renders the proceeding null and void in many places. For those who plan to remarry, this can cause major legal complications.

Warning

While this article outlines some of the most common types of divorce, it does not cover them all. There are many state specific types of divorce which are not as well known, such as the mental health divorce, the absolute divorce, and the limited divorce. These exist in less than half of the states in the union, but they do exist. Be sure to check the laws in your state to ensure you are filing the type of divorce which is the best match for your circumstances.