Divorce

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.

No. Parents have a legal obligation to care for their children, and that certainly includes financial support. If one parent leaves the household and stops acting as the custodial guardian of their children, the custodial parent can file for child support, regardless of marital status.

With that said, laws vary greatly from state to state, and if you’re considering a child support case, you should speak with your attorney to make sure you understand your rights and obligations. This is especially important if you’re planning on sharing custody of your child or children with your ex-partner.

With that said, here are a few important things to keep in mind. Note that this is an overview, and no part of this answer is intended as legal advice.

• Parents can file for child support as soon as it is necessary. The party with custody of the child (or children) is entitled to reasonable support from the non-custodial parent. To receive that support, they must file with a state child support agency.
  Contacting a state agency is often a fairly simple process, and for the most part, the agency handles much of the legwork. In Illinois, for instance, the Department of Healthcare and Family Services will search for the non-custodial parent, establish paternity, and obtain and enforce the child support order. The custodial parent simply needs to complete an online application form.
  Note that child support is typically prospective. That means that it’s not retroactive to the date it was issued—the sooner the custodial parent files, the sooner they can receive reasonable child support. For most custodial parents, the safest course of action is to apply for child support right away (but, again, consult an attorney).
• If parents share custody, the situation can be more complicated. A court will typically determine child support based on income disparity between the partners, parenting time schedules, and other factors. If, for example, both parents have similar incomes and they spend a similar amount of time with the child, the court might not grant child support to either of them.
  If you don’t have information about the other parent’s income, don’t worry—the court will request that information and make a fair determination.
• A divorce or separation does not change parents' obligations. However, the final terms of a divorce may change child support amounts. For instance, the divorce court may make important determinations for custody and visitation.
  As such, a court may grant a temporary child support order (a 'pendente lite" order) while a divorce or custody case proceeds. Custodial parents may have to file a pendente lite motion to receive this type of child support order.
  Child support payments can also change if either parents' financial circumstances change. This is typically accomplished by a Motion to Modify Child Support Order. When considering a temporary or permanent child support modification, courts evaluate changes in parental income, marital status, and the child’s financial need.
• The other parent’s visitation rights are not affected by child support payments. In other words, you can't prevent the other parent from visiting the child because they haven’t made child support payments on time.

To file for child support, look up the requirements for your state. Many states have online applications to make the process easier.

If you'd prefer not to apply online, contact a child support agency in your area. Be prepared to provide relevant documentation supporting your claim, and remember, if you're involved in a custody dispute or divorce, you should seek advice from a qualified attorney working in your state where the divorce has been filed.