What Are The Types of Divorce?
Marriage is like a fairy tale story. The couple aspires to “live happily ever after.” Some couple are able to achieve the fairy tale ending but unfortunately, a great number of married couples end up filing a divorce. Recent figures revealed that there is one divorce approximately every 30 seconds which translates to 2,400 divorces daily, 16,800 weekly, and 876,000 divorces yearly. In addition, the average length of a marriage that ends in divorce is 8 years. The waiting period for people to remarry after a divorce is three years.
According to the website of Alexander & Associates, divorce extends beyond couples deciding to end their marriage. It also involves division of properties, separation of finances, and decisions about the future of their children, if any. In the United States, there are different kinds of divorce that a couple can file. Throughout the process, both parties must hire an attorney to help them.
First implemented in California in 1970, no-fault divorce happens when neither party involved in the divorce is required to proof fault of their spouses. In this type of divorce, the grounds for filing are irreconcilable differences, incompatibility, and irremediable breakdown of the marriage.
In contrast, at-fault divorce requires one or both parties to prove who is at-fault. So far, only the state of New York requires fault to be proven during the divorce process. If no fault was found, the divorce will not be ratified and the couple stays legally married. If the couple is separated, they are not legally allowed to marry anyone else.
In summary divorce, the couple are able to agree on key issues prior to the hearing or satisfy certain eligibility requirements. Among the issues for summary divorce include a short marriage of five years, no children, minimal or no real property, marital property is less than $35,000 and each spouse’s property is the same as the marital property.
With this type of divorce, the parties have agreed to major issues such as child custody, visitation, child support, and others. An uncontested divorce also has one of the spouse opting not to participate in the proceedings.
Both parties attend multiple sessions with a professional mediator in order to resolve their differences. The mediator serves as a neutral party and will inform the judge whether or not there was an agreement.
There is no court hearing in a collaborative divorce. Instead what happens is the couple meets their lawyers, third parties, and other experts in order to come up with the best result for the whole family. The couple does not focus on their own rights but merely on finding a holistic result for the good of the parties involved.
When the court hearing seems to be going nowhere, arbitration is the next best option. There is a neutral attorney who is not connected to the case. Unlike in a trial, the result of the arbitration cannot be appealed.
A contested divorce takes place when all attempts to settle differences have failed. The only way this kind of divorce will be settled is through a trial.