The divorce procedure is frequently thought to be “one size fits all.” However, there are a variety of divorce procedures to choose from. The technique that a couple adopts is usually impacted by their ability to achieve an agreement over their divorce. Also, a divorce lawyer can help you go through all this.
What are the different sorts of divorce?
Option #1: Uncontested Divorce Types
It is inexpensive, quick, and pleasant, and it does not necessitate the use of a divorce lawyer.
Negatives: If both sides are unable to achieve an agreement on their own, it will not work.
An uncontested divorce occurs when a couple is able to agree on the terms of the divorce without the necessity for the court to distribute assets or make decisions for them regarding spousal or child support or custody. This is an example of collaborative law, in which divorcing couples discuss the details of their marriage settlement agreement without having to go to court.
Uncontested divorce, also known as a “friendly divorce,” is a popular choice for a variety of reasons, including time, cost, control, and privacy. Uncontested divorce through the internet is an excellent choice for couples who can work together and come to an agreement on the terms of their divorce.
An uncontested divorce is far less expensive than a standard contentious divorce and does not necessitate the use of attorneys or court appearances.
Option #2: Contested Divorce in Types of Divorce
Divorce lawyers Tarrant County say that it allows a judge to negotiate a divorce settlement agreement, which is ideal for divorcing spouses who can’t agree on child custody, support, or communal property.
Negatives: Expensive, time-consuming, unpleasant, and frequently contentious when involving a divorce lawyer and judge.
In a disputed divorce, one or both spouses disagree over key aspects of the divorce, such as the division of community property, alimony and child support payments, child custody, and co-parenting.
In the United States, a contested divorce costs an average of $15,000, although it can cost much more if the processes get acrimonious.
Option #3: At-Fault Divorce in Types of Divorce
It allows couples to express their concerns in court and substantiate their divorce grounds in front of a judge.
Negatives: Not available in most US states, and compels the spouse who is accused of “wrongdoing” to make a larger financial contribution.
Fault divorces occur when one or both spouses seek divorce due to a perceived fault in the marriage. A judge may declare one party at fault or neither of the parties at fault in the scenario, depending on the state you live in and the precise circumstances surrounding your separation. Before pursuing an online divorce, it’s critical to understand the differences between the two.
A spouse can request a divorce in states that recognize them, such as New York, based on an infraction they believe the other spouse has committed. One spouse petitions for divorce based on the other spouse’s identifiable “fault.”
If one spouse is successful in proving the other’s culpability, the judge may award the spouse who did not commit the fault a bigger share of the community property and/or alimony or child support payments.
What constitutes a flaw? The following are some of the most common reasons:
- Adultery: The individual seeking to assign blame must provide recorded evidence of adulterous behavior, which could include videotapes, phone calls, or text messages.
- For a specific period of time, spousal abandonment indicates that one of the spouses has left the home they share with no intention of returning.
- It’s time to go to jail.
- Illness of the mind.
- In the partnership, there is no sexual intercourse.
- Domestic violence or abuse inflicted by the other spouse: this includes emotional or physical suffering inflicted by the other spouse.
This sort of divorce does not need the two spouses to live apart for any period of time in the states that have fault divorce as part of their legal system.
The disadvantage of filing for a fault divorce is that the opposing party may contest the blame allegations. These defenses have the potential to prolong the mediation process. Another disadvantage of a fault divorce is how expensive and time-consuming it is. These kinds of divorce proceedings can go on for months, if not years, costing both parties a lot of money in legal bills, legal advice, and other costs.
Option #4: No-Fault Divorce Advantages
It allows a spouse to file for divorce even if their partner is not on board; does not necessitate the hiring of Tarrant County divorce lawyers;
Negatives: If a spouse has done some violation in the marriage, such as extramarital affairs or maltreatment, they cannot be monetarily penalized.
In the 1970s and 1980s, the advent of no-fault divorces shook the world of family law. This edict empowers a court to award divorce without requiring the petitioner or plaintiff (person seeking divorce) to show that the responder or defendant is at fault (the person responding to the divorce).
In 1969, California became the first state in the United States to allow no-fault divorces.
Prior to no-fault divorces, the petitioner had to go to significant measures to establish their spouse’s wrongdoing. This was especially difficult in circumstances of one spouse’s mental or physical abuse.
“Irreconcilable conflicts” or “irreparable disintegration of the marriage” are the most popular justifications for no-fault divorce. One or both of them believes their difficulties are irreversible and that they can no longer happily cohabit and live with one another.
The following are some of the advantages of no-fault divorce:
- Extramarital affairs or sexual activities cannot result in financial penalties for spouses. As a result, depending on your situation, you may still be legally obligated to pay spousal support and give the spouse half of your assets if your spouse cheats on you.
- One spouse cannot oppose the filing because the court will view their disagreement as irreconcilable. A spouse could block a divorce in the years leading up to no-fault divorces if they raised an argument that the court agreed with.
- Prevents divorced couples from having to discuss personal facts of their marriage in considerable detail.
Always examine your state’s laws before filing for divorce without the assistance of a divorce attorney. In the long run, the more knowledge you have about the process, the better off you will be.
On the other side, no-fault divorces prevent people from discussing the events and facts that led to the breakdown of their marriage, which for some people is a crucial psychological process. If having your voice heard and acknowledged by a third party is important to you, you might choose a no-fault divorce while sharing your story with a family therapist or counselor who specializes in divorce.