What are the Different Types of Divorce?

For many, this type of divorce is the most simple and the most ideal. An uncontested divorce occurs when both spouses agree on the terms of the separation. In essence, they both agree that they would like to legally end their marriage and they agree on how to divide up assets and property. As you can suspect, this makes the entire process that much easier for the parties involved and even for the divorce attorneys. When everyone is on the same page, a better outcome is far more likely and may be attained more quickly.

If there are no children in an uncontested divorce, you may not even have to appear before a judge. You can usually submit your separation agreement and a non-appearance affidavit for approval by the court. However, if there are children, you may need to appear in court or have your divorce lawyer do so on your behalf.

2. Mediated divorce

As ideal as an uncontested divorce sounds, it isn’t always this easy or straightforward. Usually, couples can’t agree on all the terms of their divorce. This may include issues such as dividing up property and assets, alimony, or child custody. If the spouses cannot reach an agreement, they may turn to a mediated divorce. In this type of divorce case, a mediatory works as an objective third-party (usually a retired judge or an attorney) who can help the couple make decisions and come to terms. The mediator does not provide direct legal assistance to either party, but instead, functions more like a bridge between the spouses to help them reach a settlement.

3. Collaborative divorce

When you need additional legal assistance and insight to settle your divorce, you may turn to a collaborative divorce. In this form of divorce, each spouse will have a divorce attorney representing their interests throughout the entirety of the divorce process. A collaborative divorce, working closely with their attorneys, can help you avoid having to take your case to court if you can reach an agreement. This type of divorce needs both parties to commit to finding a resolution rather than forcing the adversarial approach.

4. Litigated divorce

For more difficult divorce cases, you may need to engage in a litigated divorce process. In this divorce, the spouses simply cannot come to terms, and thus, their divorce attorneys must file a petition for divorce and the courts will then take this through the entire legal process via hearings. In extreme cases, this may even result in a form trial in court. In these situations, the court will then determine how best to divide up property and handle issues like child support and alimony. The courts will work to ensure that the final decision is as equitable as possible for both spouses.

5. Legal separation

If you don’t feel like you’re quite ready to pursue a divorce, then you may consider a legal separation instead. This may be ideal for a couple who feel like their marriage isn’t working or that they need some space to work on certain issues. In many cases, it can be worth it to try a legal separation before deciding whether or not you need to file for a divorce.

A legal separation provides distance, but does not officially dissolve the marriage. After a six-month period has passed, either party in the legal separation may request that the court formally turns the legal separation into a decree of dissolution. Or, of course, they may decide to return to their marriage.

Conclusion – What are the Different Types of Divorce?

A divorce is never an easy process. Even in the most ideal situation, such as an uncontested divorce, this process can be emotional traumatic, time consuming, and expensive. Of course, the greatest concern is always how a divorce will impact your family. Whether pursuing an uncontested divorce, mediated divorce, litigated divorce, collaborative divorce, or even a legal separation, you need to ensure that your interests are represented by a professional in the field of family law who understands the details of the divorce process.

Hiring an experienced divorce attorney can make all the difference in the outcome of your divorce. Even if you’re expecting an amiable, uncontested divorce, interests may change during the process of the divorce and it can become much more complex than initially assumed. Having a divorce lawyer on your side will ensure that you have an ally every step of the way, which, during these moments, is truly invaluable.