An Introduction To The Different Types Of Divorce

Fifty years ago, you needed to have a good reason for getting a divorce. The court system required you to show that you were being treated poorly by your spouse. Back then, acceptable grounds for divorce included infidelity, desertion, sexual harassment, and physical abuse.

Times have changed, of course. Today, you can file a “no fault” divorce. It asserts that you and your spouse are incompatible and no longer wish to be married to one another. You’re not required to show that your spouse has treated you poorly or violated the marriage contract. In essence, neither party is considered to be at fault for the failure of the marriage.

The no-fault divorce was introduced by California in 1969. It didn’t take long before it spread to other states. Millions of couples throughout the U.S. have since dissolved their marriages, claiming little more than irreconcilable differences.

Along with the ease with which you can get divorced, there are several approaches you can take, depending on your circumstances. We’ll describe them below.

Filing An Uncontested Divorce

You can file an uncontested divorce if your case meet a few basic requirements. First, your spouse must not object to the dissolution of marriage. He or she must agree to it or at least accept it without filing a legal dispute. It’s important to note that his or her failure to respond to a petition for divorce is not considered an objection.

The second requirement is that your spouse must agree to the settlement. He or she must not object to any terms dictating child support and visitation rights, alimony, or the division of marital assets.

If you and your spouse agree to end your marriage, and there are no disputes over the terms of the settlement, your divorce can be processed quickly. Moreover, it can usually be done at minimal cost. This is the preferred approach among couples that have been married for only a short time, and have few assets and no kids.

For many couples, however, there is often disagreement over how their assets should be split, how much alimony should be paid, and which party should get legal custody of their children. In such cases, there are a number of avenues to resolve the spouses’ differences. One of the most productive is mediation.

Divorce Through Mediation

Mediation is a forum that allows you and your spouse to retain control of decisions involving the terms of your settlement (as opposed to ceding control to a judge). You meet to discuss matters over which there is disagreement. An unbiased mediator is present to make sure the discussion stays on track and to facilitate productive negotiation. This approach is far less costly than arguing about matters in court. It’s also faster and confidential.

Although you can attend the mediated sessions without your attorney, it is usually a good idea to have your attorney present. That’s especially the case if your spouse brings his or her attorney.

Divorce Through Collaboration

Collaborative divorce is a close cousin to mediation. You and your spouse are still in control of your settlement. You still negotiate terms outside the court system. Both of you hire attorneys who commit to working with each other – i.e. to collaborate – with the goal of resolving matters over which there is disagreement.

The settlement negotiations are approached in a non-adversarial, non-combative manner. The process may involve a number of specialists, such as psychologists, financial advisors, accountants, and experts in child custody matters. All parties involved work together to draft a settlement agreement without the court’s intervention.

Divorce Through Litigation

Sometimes, going to trial is unavoidable. Both spouses may have tried to resolve their differences privately – whether on their own, through mediation, or a collaborative effort – to no avail. There remain issues over which they disagree. At that point, litigation becomes necessary.

The failure to resolve disputes can stem from several factors. One or both parties may be unwilling to communicate or compromise. Or the parties may become antagonistic toward one another, causing the settlement negotiations to break down. Whatever the reason, going to court becomes the best option despite its high potential cost.

Getting divorced may seem deceptively simple on the surface. In reality, it is often a complicated and frustrating process that can quickly spiral out of control. Consult a qualified divorce lawyer for advice on how to dissolve your marriage with as few problems as possible.