The Different Kinds of Divorce
Most people are usually under the assumption that divorce is just simply a divorce, but that is not usually the case. There are different kinds of divorce and the difference usually depends on how the couples approach the divorce, as well as the interpretation of the law. Below are different kinds of divorce:
- No fault divorce
California has actually changed the way people in United States view divorce. They made it easy for couples to get out of marriage by passing the first no-fault divorce. Before that, there had to be fault such as mental cruelty, adultery or desertion before one could be allowed to leave the marriage. A no fault-divorce is where neither party involved is required to proof fault. The application of no-fault can actually be filed by one or both parties involved in the divorce process. This type of divorce has now been adopted in 49 out of the 50 states in the United States. The grounds for divorcing under no-fault are reasons like incompatibility or irreconcilable differences.
- Uncontested divorce
This is the ideal type of divorce. In this type of divorce, both parties involved work together to come to divorce terms and both agree and file all necessary paperwork. This type of divorce has no trial. In fact, couples filing this case may not have to appear in court. It is actually one of the simplest forms of divorce because there is no party that is contesting.
- At-fault divorce
This is the type of divorce where one or both parties involved in the divorce process are required to provide proof that one party is at fault. In the United States, only one state (New York City) still requires fault to be proven in the court proceeding. If fault is not found, then the divorce will not be granted, meaning that couple will still remain married. The only option that couples will have if they are not able to prove who was at fault is to separate, but they will still be legally married. This means that they won’t be allowed to marry someone else.
- Mediated divorce
This is where both parties involved in the divorce process attend several sessions with a mediator to help resolve any major differences that are slowing the divorce process. The mediation is not binding, and the mediator actually does not make any recommendations but acts as a neutral party and will only report if an agreement was reached or not to the judge.
- Arbitrated divorce
In the case where both parties are not able to agree on certain issues, the court system may opt for arbitration. In arbitrated divorce, both parties involved allow an arbitrator, a neutral attorney who has no interest or connection to the case to solve all outstanding issues. The decision that the arbitrator will make will be binding to both parties.
- Collaborative divorce
Collaborative divorce is where both parties agree to solve all their outstanding differences out of court. They arrange a series of meetings with their attorney, third-party, as well as other experts in order to achieve the best outcome.