An Overview about the Different Types of Divorce in the United States

the different types of divorce

Divorce has become a common term that we hear everyday. Relationships have become fragile and marriages do not last longer. Divorce definitely means end of marriage, but the approach of the couple towards ending their marriage legally differentiates this process into different types.

The reason for a couple getting a divorce varies as per the situation. When a couple is getting divorced due to the wrong-doing of one of the spouse, the petitioner may opt to attend trails in the court to get what they rightfully deserve.

Related: 8 Different Grounds for Divorce in USA you must Know

At times there are irreconcilable differences between the couple and they mutually want to end their marriage. If the couple agrees about legal matter related to divorce such a child custody, child support, spousal support, property division, and debt division, then they can opt for a no-fault divorce.

It has been observed that many people become bankrupt due to high fees charged by divorce lawyer and court fees as well. Therefore, the number of people opting for no-fault and do-it-yourself divorce has increased in the recent past.
There are different types of divorce and the couple thinking about ending their marriage should keep themselves updated about the information related to this legal process.

An Overview about types of divorce

Divorce is a legal process; therefore many people find it difficult to understand this process. Here we have listed information about different types of divorce, which would prove to be helpful to you in order to understand this critical legal process that has become a part of our life.

Amicable Divorce

A divorce is considered as amicable, when both the spouses agree upon the fact that they want to end their marriage legally. The couples also need to sort out legal issues related to divorce on their own.
It is expected that they do not allow the intervention of third party. When they resolve issues related to spousal support, child support, child custody, property distribution, and debt division mutually and are satisfied with the final decision, then the divorce is considered as amicable.

The cost of the divorce is less as compared to contested one, as there is no need of a legal professional to represent their case in the court. If the couples find it difficult to understand the legal laws and forms, then they can consider taking the guidance of a lawyer.
The couple needs to make sure that they keep all the documentation ready, so that they can provide all the required document in the court during the final court hearing.

No-fault Divorce

When a couple files for divorce, they have to file the papers under a particular legal ground. Earlier there were fault grounds which needed to be proved in the court to get a divorce.
Later it was observed that when a couple gets divorce by proving fault grounds in the court, they have to spend a lot during the case trials.

Such couples found it difficult to have a cordial relation after the divorce. Even such divorces were difficult on children, so no-fault ground was introduced.

When a couple files for divorce under no-fault ground where the reason for divorce is irreconcilable differences, it is called as no-fault divorce. Here the couple does not need to prove the fault of other spouse to get a divorce.
Many couples opt for this divorce to reduce the emotional and financial stress felt during this legal process.

Uncontested Divorce

In this type, the couple decides to end their marriage through mutual understanding. The couple needs to mutually decide about their legal aspects related to children, finance, and other issues.
Many couples opt for this divorce, so that they can avoid lengthy court trials and high cost of the legal process. It is vital that you take advice of divorce lawyer, so that you do not compromise and lose what you rightfully deserve.

Contested Divorce

When the divorcing couples do not agree upon issues related to property division, child custody, child support, alimony, etc they plan to get these issues sorted out by attending trials in the court, then it is referred to as contested divorce.

The petitioner needs to provide appropriate evidence to prove the fault of the other spouse. Such divorce cases take longer time to get sorted out as the couple needs to attend several trial sessions in the court.
It is advisable to estimate the cost of such divorce before filing the papers.

Do-it-yourself Divorce

Many couples opt for do-it-yourself divorce, as they cannot bear the cost of divorce. As per the name, a do-it-yourself divorce is one, where the couple completes the legal divorce documentation and filing process on their own.
The divorcing person can definitely take advice of a lawyer or legal advisor, but they need to complete all the legal procedures related to divorce on their own.
There are several websites where one can find details about do-it-yourself divorce followed in different states. You just need to follow the steps mentioned on these websites.

Collaborative Divorce

Divorce is a process that not only legally ends a marriage but also at times breaks a family. The couples are unable to bear the depression felt during divorce and after the legal end of marriage.
Even the children feel severe depression after their parents divorce. To avoid such effect of divorce on family, many couples opt for collaborative divorce.
Here, the couples themselves take all the decision related to their divorce and related issues such as child custody, property division, alimony, child support, debt division, etc.
They take assistance of financial, legal, psychological experts to make decisions related to these issues. The couples consciously end their marriage keeping their entire family under consideration.

There are several types of divorce out of which you need to choose the one that is best suitable as per the intricacy of your case. It is vital that you take advice from a legal expert before filing the papers and moving ahead with legal process to end your marriage.

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Author: Caroline J Fields

I’m a family law attorney with more than twenty years of complex litigation experience, including fifteen years helping folks make the transition from being married to being single, or getting disentangled from other kinds of committed family-like relationships. Every day I help people who are struggling through various parenting and financial issues. Most cases settle, but some go to trial. I received my Bachelor of Science in Nursing a long time ago, and several years later I graduated from Seattle University School of Law. Since then, I’ve applied what I learned as a nurse to being the best advocate I can be for my clients in the legal system. I hope you’ll let me help you find your power as you educate yourself about the divorce process. It’s up to you how you choose to look at your current situation. I encourage you to get really smart and really strong. You’re all in. I’m here to be your coach.

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