In the US today, there are essentially four major types or classifications of divorce, and if you are considering taking the step of ending your marriage it will help for you to know a little bit about all four of these…
Before You Approach A Divoce Lawyer - Get the Facts
The four categories of divorce are:
1) Fault/No fault divorce
2) contested/ Uncontested divorce
3) The simplified divorce
4) Mediated divorce
Here is a description or explanation of these four to help make more sense out of these terms and how they are unique or what they might have in common with one another in terms of their legal impact or process. Take this information as a summary and ask your divorce lawyer specific questions about each.
Fault versus No Fault Divorce…
…relates to whether or not the divorce needs to stipulate and show evidence that one of the partners in the marriage is the cause for the problems that inspired the divorce. Long ago all marriages were “fault” divorces – which meant that if you wanted the court to let you get a divorce you had to prove that your spouse was at fault. Maybe they were violent toward you or cheated on you, for example, and after presenting proof of that the fault divorce was awarded to you. Nowadays, however, most divorces end through the “no fault” legal process, which does not require that anybody is shown to be at fault.
Maybe you just don’t get along, and that is sufficient. Even if there is some misbehavior like an affair that could serve as legal grounds for a fault divorce, you still have the choice to go the “no fault” route for the sake of simplicity. Just say you want a divorce because there are differences or some kind of incompatibility that cannot be rectified and that will suffice.
Contested Divorces….
…are not so simple, and they get their name from the fact that in these one of the partners in the marriage contests or disagrees with the other person’s request for divorce. Or they may agree to divorce but they don’t agree with the decisions about how to divide up property, money, or child custody. They hit an impasse, so a judge has to intervene and sort it all out according to what seems right, legal, and fair. He or she – the judge – becomes the referee in the contest. By contrast a “non contested” or “no contest” divorce is one where both spouses agree to the divorce and to all of the terms of the settlement and divorce. They have no arguments so it is a no contest situation. These no contest divorces are simpler, faster, and cost much less in terms of legal fees than do contested ones.
Simplified Divorce…
…which is available in many states. Simplified divorces are uncontested, no-fault divorces where everybody agrees with the terms of the divorce settlement. Each state has its owns rules for the simplified divorce, but some let you divorce very fast – within 30 days or say – under this kind of arrangement, so it can be speedy and much less complex and costly than a conventional divorce proceeding.
Mediation…
…the fourth category in our list – is not actually divorce, but it is instead a process of negotiating and communicating between the spouses to help them reach a mutual agreement. Although mediation is not divorce per se, a successful mediation can smooth the divorce process and help a contested divorce reach a conclusion with less hostility and delay.
A trained and certified mediator sits down with the spouses and helps to facilitate a civilized and calm discussion and settlement. Mediators don’t give legal advice, they work instead sort of like diplomats at the United Nations to resolve conflict and reach a peace accord. Mediation is voluntary, you can bring your attorney along for the sessions, and the whole idea is just to open up the lines of communications and facilitate an agreeable divorce settlement that can then be taken to the judge for the divorce itself.
Your divorce lawyer should be able to clarify the pros/cons of each type of divorce.
