What are the different types of divorce?

Answer 1

As of 2019, there are several different terms used to describe divorce. These "types" are legal distinctions that describe the processes of getting a divorce and methods of dividing up a couple's assets, but they ultimately have the same result—in the eyes of the law, a divorce is a divorce

Remember, if you're considering any type of divorce, you should speak with a qualified attorney as soon as possible. This answer is not intended to be legal advice.

Nonetheless, here are the different types of divorce:

Fault Divorce - This occurs when one of the spouses requests the divorce on the grounds that the other party is At Fault; they've committed some type of demonstrable act that has done irreparable damage to the marriage. The typical grounds for fault divorces include cruelty, desertion, adultery, and confinement in prison for a set number of years.

Other grounds may be available for a fault divorce, depending on the state (marriage and divorce law is mostly handled at the state level, so if you're considering any type of divorce whatsoever, contact a qualified attorney to discuss your options).

Generally, in a fault divorce, the spouse who is at fault will receive a smaller share of the marital assets and alimony, although this isn't always the case. Some states do not allow fault divorces.

No-Fault Divorce - In a no-fault divorce, the person filing for divorce has no obligation to prove that their spouse did something wrong. The person needs to state a reason for divorce, but that reason can be as simple as "irreconcilable differences" or "incompatibility." Basically, if you can't get along with your spouse, you're eligible for a no-fault divorce in most states, and you don't need to provide evidence to get the divorce granted.

Every state offers no-fault divorces. In some states, spouses must live apart for a set period (usually several months) before they're granted a no-fault divorce; to avoid this waiting period, some people might elect to pursue a fault divorce.

Contested/Uncontested Divorce - A contested divorce occurs when the parties cannot agree on either the terms of the divorce or the divorce itself. A court must rule on the contested issues.

In an uncontested divorce, the court doesn't get involved (except to validate and record the divorce). The spouses agree on things like assets, alimony, child support, and debt allocation. By avoiding court, the parties involved generally save money on legal fees, and they're able to get their divorce fairly quickly.

So, how do couples come to these types of agreements?

Collaborative Divorce - In a collaborative divorce, both parties work through an established process through the International Academy of Collaborative Professionals. Each person has legal representation to help them understand the issues involved and to help them come to agreements on issues that would otherwise cause a contested divorce. The parties also meet with experts, like financial professionals and child specialists, to make sure the people divorcing are fully informed. Everyone involved, including the attorneys, promise not to go to court, ensuring that the sole focus is on coming to an agreement.

In other words, the parties disagree on some terms, but agree to go through a process to come to an agreement. The goal of collaborative divorce is to get an uncontested divorce that won't go to court (thereby avoiding significant expenses).

Mediated Divorce - Mediated divorce is similar to collaborative divorce, as it's a process for getting an agreement and avoiding court. One main difference is that while the collaborative process necessitates specially trained attorneys, mediation sessions typically only involve the divorcing couple and the mediator—no lawyers.

Mediation usually happens in a conference room, and the mediator first works to establish a dialogue and find common ground between the parties. Each party speaks with the mediator directly, and the mediator is responsible for communicating information and moving the divorce toward a resolution. This is in contrast to a collaborative divorce, where both parties' legal teams work directly with one another.

To a layman, the differences between a mediated divorce and a collaborative divorce seem minor, but the processes are entirely different. Again, if you're considering either option, speak with a family law attorney who has relevant experience in your state.

Arbitrated Divorce - When the parties in a divorce reach a total impasse, they may bring their case before an arbitrator. The arbitrator will listen to arguments from both parties and render a decision. Both parties abide by the arbitrator's decision, whether or not they personally agree with it.

In a sense, the arbitrator acts as a private court—the arbitrator’s decisions are binding. Unlike in a court case, neither party can appeal. Arbitration can help to prevent a divorce from going to court, and it can save time and money.

Summary Divorce - Some states offer summary divorces, which are a somewhat simplified version of a traditional divorce. These are designed for couples who were married for a short time and have limited shared assets. In most states, summary divorces are available if:

• The marriage lasted for less than five years
• The couple does not own real estate together
• Each person gives up their right to alimony
• The couple does not have children, or have come to an agreement regarding custody and child support
• The couple does not have a large amount of shared debt

The exact requirements of a summary divorce vary from state to state.

Those are the different types of divorce—or at least the legal distinctions that separate one divorce from another. Some websites also describe "same-sex divorce" as a separate type. However, on June 26, 2015, the United States Supreme Court struck down state bans on same-sex marriage, so today, there's no need to make that distinction.

Answer 2

When looking to file for divorce the first option you should investigate is the reason for your divorce, is it what you feel would make you happier. Also when it comes to looking at divorce, the prices do not come cheap with most agency's such as solicitors. There are many different types of methods, through lawyers, professional divorce experts and the custom solicitors, however these all charge and when looking for divorce, researching the quickest and cheapest can be a challenge but the consideration of doing the job proper should also be taken into account. When wanting a divorce, being prepared is also known to help.