The Common Types of Divorce: A Comprehensive Guide
As long as there’s marriage, divorce will always exist.
In a perfect world, married couples would honor the vow they made at the altar: till death do us apart. However, this world is far from ideal. Divorce is so common in the United States that it’d be fair to say that your chances of getting a divorce are a toss of the coin. Your marriage could go either way.
Not all divorces are the same, though.
In this article, our focus is on the different types of divorce. Whether you’re currently looking to call it quits on your marriage or you just want to stay informed about this important matter, keep reading!
An uncontested divorce, also known as an amicable divorce, is when both divorcing spouses are on the same page on all matters, including child custody and visitation, property division, child support, and alimony. The parties will have an agreement outlining these details.
An uncontested divorce is the most ideal situation for any divorcing couple. The courts will likely process the divorce quickly. In some states, the parties won’t even need to make an appearance in court.
A contested divorce is the opposite of an uncontested divorce. The parties are not in agreement on some or all of the marital issues that need to be agreed on.
As a result, the divorcing couple will file with the courts and let the judge decide on the various marital issues. A contested divorce will drag on in court and can go all the way to trial if the parties are unable to settle somewhere along the way. Expectedly, contested divorces are costly, especially to the party that initiated the divorce because they might have to take care of the attorney fees of their soon-to-be ex’s lawyers.
If you’ve been married for a few years, say 5 or less, and you don’t own any joint property or owe joint debts, and you want to end the union, you might be able to file for what’s called a summary divorce.
Because of the brief nature of the relationship, summary divorces are quick and don’t involve a lot of paperwork.
A default divorce is granted when one party (the one being divorced), doesn’t respond to the divorce petition within a specified period of time. The spouse could be missing or their whereabouts are unknown. (Learn more about how to divorce a missing spouse).
In some cases, the party might purposely ignore to respond to the divorce petition, knowing very well that the judge will grant a default divorce.
A default divorce might seem like an ideal way to get divorced, especially if you’re divorcing a missing person, but it’s possible that the person could resurface and ask the court to overturn the divorce. If their petition is accepted, the divorce proceedings will start afresh.
Be Familiar with the Different Types of Divorce
All divorces typically lead to the dissolution of a marriage, but the parties walk on different paths to get there. With this guide to the different types of divorce, you now know the various paths you could pursue.
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