Kinds of Divorce
Kinds of Divorce
Kinds of Divorce
Most divorce cases go through the same process and end result. This agreeable ending of a marriage find satisfactory to both parties. Still, there are optional paths for a couple to choose a certain result. Before hiring a lawyer and filing a divorce case, both should know the various approaches to by-end divorce implemented by a law professional.
No-Fault Divorce
No-fault divorce occurs when neither of the party admits proof or liability for the cause of such marital separation. It can be filed by one or both (if agreed) of the involved parties. The grounds included in divorcing under no-fault divorce laws are irreconcilable differences, incompatibility, and breakdown of the marriage.
Fault Divorce
Fault divorce is the process when either of the parties involved is accused of such damage resulting to divorce. If the fault is not strongly proven, or there is no proof of fault, then the divorce is considered void and the couple will still be legally married. One alternative to divorce (if the fault divorce is found ineffective) is to live separately without marital commitment. However it does not mean that they can marry someone else. The married status is still intact, and it is illegal for them to do that.
Summary Divorce
Summary divorce happens to the two parties involved, only if they are able to agree on marital key issues or meet certain requirements eligible for the divorce. Some of the issues involved are:
Short marriage (minimum of five years)
No children (alternately, custody discussions)
No real property (low cost properties owned)
Marital property is below $35,000 (not including vehicles)
Same conjugal property
Uncontested Divorce
Uncontested divorce happens when the parties agrees to settle on their own or with the assistance of their attorneys. This refers to the major issues in the matter (child custody, visitation, property distribution, child support, etc.). Once the parties have agreed upon this and signed a marital settlement agreement, the agreement is presented to the court and the final divorce decree is implemented. It can also occur when one spouse is nowhere to be found, or is not interested participating in the divorce process.
Mediated Divorce
In mediated divorce, both parties attend several meetings with a hired professional mediator. This is to resolve their personal differences which will end up to divorce anyway. Mediation is not binding the two parties together again. The mediator does not make recommendations to the court. He/she is just a neutral person (meaning, he/she is not bias on either of the two parties). After an agreement is reached by the parties, the mediator will report to the judge, and then they will bring up the final decision.
Collaborative Divorce
Most separating parties agree from the beginning not to resolve their differences in court. However in this divorce type, the parties engage in a series of joint meetings which they will try to achieve the best outcome for the entire family. This is better, rather than focusing on their self rights and needs before and after divorce. The parties rely on a holistic result that will benefit both of them.
Contested Divorce
A contested divorce happens when the parties allow either a judge or a jury, to make a resolve as to what the terms or grounds of their divorce will be. Divorces usually end up being "contested", after such failed settlement negotiation attempts. Commonly, a child custody dispute and dividing marital property are the reasons for a contested divorce. The only way to resolve this is through a court trial.
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