What are the different divorce options? Here’s everything you need to know in determining which divorce option works best.
Nine different divorce options are available; each with their own pros and cons. The 9 types of divorce offered in America are: uncontested divorce, contested divorce, no-fault divorce, at-fault divorce, summary divorce, default divorce, collaborative divorce, arbitration, and mediation.
1. Uncontested Divorce
Uncontested divorce occurs when a couple comes to an amicable agreement regarding the terms of divorce without the help of a third party. Since both sides agree to the terms, the courts do not need to divide the assets for them or make any other decisions about child support or custody. The courts simply have to officiate over the agreement after both spouses file separately.
Uncontested divorce is favorable for couples who do not want to spend a lot of time or money on their divorce. Uncontested divorce cuts down time spent in court procedures and costs for lawyers or mediators.
2. Contested Divorce
In a contested divorce, one or both spouses disagree over key aspects of the divorce, such as the division of community property, alimony and child support payments, child custody, and co-parenting. Contested divorce is more expensive than uncontested divorce because it requires both spouses to be represented by attorneys in mediation. Although contested divorce can be more complicated and expensive, it may be the best option couples have in reaching agreements over their division of assets.
Related: Contested and Uncontested Divorce: The Difference
3. No- Fault Divorce
No-fault divorces do not require proof of a spousal misconduct or violation of the marriage contact. A couple who no longer gets along and whose marriage has broken down qualify for a no-fault divorce. The courts will cite “incompatibility,” “irreconcilable differences,” or an “irreparable breakdown of the marriage” between the spouses as grounds for divorce. All states in America offer no-fault divorces. No-fault divorce is a good option for couples who do not have a lot of conflict nor assets to divide.
4. Fault-Based Divorce
Fault-based is granted by the courts when a spouse proves that the other spouse committed wrongdoing during the marriage.
The following are reasons that may be accepted by the court as reason for fault based divorce:
- Adultery
- Fraud
- Abuse
- Substance abuse
- Abandonment.
Fault-based divorce allows couples to air their grievances in court and substantiate their divorce grounds in front of a judge. Fault-based divorce also requires a spouse guilty of wrongdoing to provide more financial support in the settlement. 17 states no longer offer fault-based divorce.
5. Summary Divorce
Summary divorce requires a couple to work together, possibly with a team of legal professionals, to legally terminate their marriage while avoiding court-mandated mediation. The process requires less time and paperwork than traditional divorce. Summary divorce is best for couples who do not have many assets nor do they have children. Each state has specific requirements that must be fulfilled to qualify for a summary divorce.
6. Default Divorce
Default divorce is granted if one spouse takes off and does not respond to a divorce petition filed by the other party. Default divorce is a viable option for someone whose spouse is absent throughout this process. The court grants the divorce “by default” without requiring an estranged spouse to be present.
7. Collaborative Divorce
Collaborative divorce requires each party to work together to reach an agreement without going to court. The “collaborative divorce team” often includes a neutral financial expert, parenting specialist, and divorce coach to facilitate agreement. A collaborative divorce is best for parties willing to cooperate and negotiate in good faith to create an agreed-upon settlement.
Full disclosure is essential to ensure that the negotiations are fair. If the case does not settle, the collaborative lawyer must resign and parties will need to start over with new lawyers. Spouses then meet with their own lawyers to negotiate.
8. Arbitration
Arbitration relies on the help of a retired lawyer or private judge, known as an arbitrator, to rule on the divorce. The judge weighs both parties’ cases as a non-biased third party and makes a ruling much like they would in court.
9. Mediation
Divorce with mediation occurs when a couple hires a mediator to facilitate the divorce process. A mediator does not make any decisions. Rather, they encourage difficult conversations in an organized setting so that the spouses can achieve an agreement. The ultimate goal is to reach an agreement that will be finalized in front of a judge.
Related: 10 Questions to Ask a Divorce Attorney Before Hiring
Some couples may not be able to stay agreeable and negotiate the terms of their divorce peacefully. Mediation helps those who will benefit from the help from a third party. Mediation tends to be less expensive than both parties using lawyers, and tends to end more amicably than other divorces.
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If you or a loved one would like to learn more about which divorce option is right for you, get your free consultation with one of our divorce attorneys in California today!