Prepare For Divorce: The Types of Divorce

Divorce is not easy for anyone. It's usually the last resort after trying to work things out between you and your spouse. There's a lot of separation information to sift through to help you through this difficult time. Did you know there are different types of divorce? It's important to know the difference when it comes time actually to file.

The first type is an uncontested separation. This is the most popular type of separation and the most civilized because couples will have already reached an agreement to the terms of the separation. There will, luckily, be nothing to dispute and no need for a contentious court hearing. This will save a lot of time and money. Don't assume that every detail of the separation is agreed upon. It's more likely they have reached a compromise to make the process quicker, affordable and more efficient. If you can both reach this agreement, it will be easier on both of you.

The next type is a simplified divorce. It is similar to an uncontested divorce in that it will hasten the process if you do not have children under the age of eighteen, and you have both agreed how to divvy up your property and assets. What's the difference then between the two? In a simplified divorce, it's more like a do-it-yourself procedure because you will not have much help from an attorney. One of the spouses will be responsible for the papers and documents—meaning it is up to one of you to visit a Court Clerk to file the paperwork.

The third form is no-fault divorce.Couples can file for divorce without having to prove grounds for dissolving the marriage by making embarrassing and giving, usually, false testimony. Couples are allowed to say simply there are "irreconcilable differences" as their reason. Choosing this option with make the divorce process smoother for both parties. However, the downside is that a family court judge will have more power when dividing property and deciding on child custody and alimony.

The final type is limited/absolute separation. This is when the grounds for the separation are because of abandonment, infidelity, or domestic abuse. The court will settle the division of property and child custody. The divorce is considered limited if the couples cannot settle on the "reason" for the separation.

Every couple is different; every situation is different. When it comes time to file for divorce, speak with an attorney to discuss the best course of action for you and your spouse. Read more here

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Categorized as Divorce