Blog Post
Types of Divorce in the US
9/10/2020
Marriage is a bonding between two individuals for love and companionship with a lifelong commitment that leads to security, financial stability as well as legal rights and benefits extended to the progeny. When mutual love, affection, compassion, and commitment are lost, it may lead to torture, insecurity, and instability. Thereby this most beautiful relationship becomes suffocating and a heavy burden to carry on for a lifetime. In such a situation, counseling or mediation helps some couples, while others need in-dependency which is mostly decided in court. No two divorces are the same. The painfulness of the process depends on the intensity of differences between the partners and their personality types. Here is a description of the types of divorce in the US.
Fault Divorce
In a fault divorce, a partner blames or proves that the spouse was at fault for the marriage to break down. If the court finds that he or she is at no fault then the divorce will not be granted and they will have to continue as husband and wife. Though the partners can live separated, they will not be able to legally marry anybody else.
No-fault divorce
Today, almost all states allow no-fault divorce. Under no-fault divorce, the couples prove to the court that they are not compatible with each other and have suffered an irremediable breakdown of the relationship. This is suitable for those couples who don’t have too many marital assets to divide or have no conflict on the division of their property.
Contested Divorce
Contested divorce procedures take lots of time, stress, and money. Both spouses need assistance from divorce attorneys, as this type of divorce involves complicated processes. The contested divorce is suited in any of the following cases; either both the parties need a divorce and all the negotiations fail between them, or when one of partner feels that divorce is not necessary and argue that the other party doesn’t have a valid ground for divorce and attempts to prevent it, then it is taken into the court for the judgment. The process involves the exchange of information, negotiations for settlement, hearings, and proceeds for the court trial. The negotiations related to the custody of the child, the division of marital assets and debts will be raised. Initially, the judge enacts a temporary order regarding this as the whole process can take a long period of time. Mediation and counseling programs may also be arranged by the court. During the trial, both the attorneys present their evidence and then a final judgment is passed by the judge and lastly the final decree of divorce is filed.
Uncontested Divorce
An uncontested divorce is also known as a joint petition for divorce where there is no formal trial. It is usually followed by those couples who agree upon each other on all issues like child support, custody, and division of marital assets and debts, alimony, etc. In this type of divorce procedure, an attorney drafts an agreement and is later reviewed by both parties, and if they agree upon all the terms, it is then submitted to the judge for final review and approval. If the judge approves the agreement, the decree of divorce is issued. The divorce becomes contested if the spouse hires an attorney, refuses to sign the papers, or cannot be found. The disadvantage of this kind of divorce is that if there is a history of domestic violence, abuse, extra-marital affairs, etc., then one party will have an unfair advantage over the other. In such a situation, advice from an experienced divorce attorney is very much essential.