Saying that you want a divorce is never a simple decision. That’s because it comes with a host of complications — emotional and legal.
The emotional complexity is the easier thing to untangle. You’ll have to deal with pain and sadness, sure, but that’s nothing compared to the legal complications of divorce.
These complications and disagreements come down to the type of divorce you should seek. There are numerous types of divorce to consider, which can be overwhelming and confusing.
Don’t worry; we’re going to make things easier for you.
Contested divorce is also known as adversarial divorce or litigation divorce. It occurs when the two parties are unable to agree on the terms of the divorce and must rely on the court to make decisions. In a contested divorce, each party usually has a separate divorce attorney to represent their interests in court and to negotiate any agreements.
A contested divorce often results in more costly and lengthy legal issues, as each party attempts to litigate for their best interests. This type of divorce typically includes more court dates and negotiations and can take months or even years to complete. In some cases, the court might refer the parties to mediation as an alternative to going to court.
An uncontested divorce is when both parties agree on all aspects of the divorce, from the division of assets and property to the payment of any outstanding debts. The divorce can be finalized without either party having to appear before a judge. This makes it a much more cost-effective and timely option for those ending their marriage.
For the divorce to be uncontested, both parties must come to a complete agreement on all aspects of the divorce, such as:
- decision-making ability
- financial support
- division of property and assets
An uncontested divorce may not always be the best option and can sometimes lead to a flurry of marriage problems if future conflicts arise.
No-fault divorce recognizes that the marriage is over without the need for either spouse to prove that the other spouse was at fault or legally responsible for the breakdown of the marriage. In No-Fault divorce situations, the spouses can use specific language such as “irretrievable breakdown” or “irreconcilable differences”. This of which makes the process more straightforward.
Fault-based divorce is based on misconduct such as adultery, cruelty, mental illness, abandonment, or imprisonment. The party filing for divorce must prove that the other party is responsible for the breakdown of marriage. If it is proved with the help of infidelity investigation services, it enables the petitioning party to seek a greater share of assets or more in support payments.
Fault-based divorces take a much longer amount of time to process and can become quite expensive. They are also extremely emotionally taxing on the parties involved. This is because they are forced to litigate misconduct.
Understand the Different Types of Divorce
Divorce can be complicated and emotionally taxing. There are different types of divorce, such as uncontested divorce, contested divorce, no-fault divorce, and fault-based divorce.
Depending on your situation, any one of these types of divorce may be right for you. If you’re considering getting a divorce, speak to a local attorney to learn more about these types of divorce and find out which is best for you.
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