Divorce is an emotionally and legally complex process that no one wants when they enter a marriage. But, unfortunately, divorce happens because it is sometimes the best solution for a couple. To make the process as straightforward and painless as possible, it's important to understand the various types of divorce available. Here is an overview of the most common types of divorce and how they can affect your divorce proceedings.
Contested Divorce
Contested divorce is a sort of divorce in which a single spouse or both spouses disagree on crucial things including child custody, maintenance of living expenses, and how they will divide the property they own together. In a contentious divorce, a divorce lawyer must represent both parties and go to court hearings and mediation meetings to resolve the problems.
If the two sides can't agree, a court will decide on the issues in the dispute. This process is sometimes expensive and takes a long time; if the spouses can't agree, it might become antagonistic.
Uncontested Divorce
An uncontested divorce is a sort of divorce in which both spouses agree to the legal reasons for the divorce and all of the accompanying agreements, such as asset division, debt distribution, parental rights, parenting time, spousal maintenance, and any other relevant terms. Because the parties have previously agreed on the terms and there is no need for a trial, this sort of divorce is typically speedier and less costly than traditional divorces.
To get an uncontested divorce, the couple must work out their problems before filing for divorce. Most states have separate forms for filing uncontested divorces, while in other states, one spouse can simply tick a box on a standard divorce form to say that the divorce is uncontested. Alternatively, spouses may not even have to go to court. Instead, they can submit an affidavit to tell the court what they want.
No-Fault Divorce
A no-fault divorce is a legal way for a married pair to split up without either person having to establish that the other did something wrong. This sort of divorce is accessible in all 50 states, and neither partner has to prove that the other person was to blame for the marriage breaking up.
Instead, a spouse can say that they are getting a divorce because of "irreconcilable differences," "incompatibility," or "irretrievable breakdown." In some areas, a couple can also get a divorce if they have been living apart for a specified amount of time.
No-fault divorce makes it easier for couples to get a divorce without the blame being placed on either person. It also prevents drawn-out court battles that can be hard on your emotions and finances. No-fault divorce also keeps the court out of the divorce process as much as possible.
Fault Divorce
Fault divorce is a sort of divorce in which one partner has to prove that the other partner did something that caused the marriage to fail. Most of the time, the process is more expensive and takes longer than a no-fault divorce.
The spouse who wants a divorce must show that the other partner had an affair, hurt them or their children, left them, abused addictive substances, or abandoned them. The accused spouse can defend themselves if they can show that their partner approved their actions, pushed them to do it, or helped them do it.
If the spouse who filed for divorce can't prove the other person was at fault, the judge will normally proceed with the no-fault divorce process. If the spouse misused the fault process, a judge can force them to pay their spouse's legal bills.
No matter which route you choose, a divorce attorney can help you navigate the legal processes and requirements associated with each type of divorce.
Consult David Wilson Attorney At Law to book an appointment with our divorce attorneys if you need expert legal assistance in California.
