What Are The Types of Divorce?
In the United States, the type of divorce a couple may have depends on their state’s divorce laws. Here are the types of divorce.
Knowing the types of divorce and the options for legal separation is beneficial for spouses who no longer wish to be together. Each state follows its own laws for divorce, therefore it’s best to understand the divorce laws in your state and consult an attorney.
United States Divorce
Divorce is a legal procedure for the “dissolution of marriage” which serves public policy’s best interest. A judge authorizes divorce to restore spouses to the status they had before marriage. After the divorce, the parties are legally single and can remarry.
The courts use individual laws of each state to decide on the criteria to validate the divorce. The court also decides on other factors which may apply such as alimony, child support, child custody, and the division of assets. The courts also take antenuptial agreements such as prenuptial agreements or postnuptial agreements into consideration.
Types Of Legal Separation
United States courts recognize two types of legal separation; absolute divorce and limited divorce. Absolute divorce is the judicial termination of a marriage. Spouses may obtain an absolute divorce through an evidentiary hearing by the court. The court uses the fault or no-fault statute. Meanwhile, a limited divorce is a decree or formal order of legal separation. In a limited divorce, the court may terminate the rights of the parties to cohabitate but not officially dissolve the marriage.
A legal separation can transform into a legal divorce after the parties separate for a certain period of time.
Related: 9 Divorce Options: Which Is Right For Me?
Fault Divorce
Some states require evidence of either spouse’s fault or marital misconduct for the court to decide on the validity of granting a divorce.
Reasons for the use of fault divorce include:
- Physical or emotional abuse against either spouse
- Claims of adultery
- Abandonment or desertion for a specific length of time
- Not revealing inability to have sexual intercourse and or bear children
In cases where both spouses are at fault, a judge will decide who is more at fault through the principle of “comparative rectitude.”
No-Fault Divorce
In no-fault states, neither spouse needs to provide proof of marital misconduct for divorce approval. To ensure the divorce serves public policy interests, the spouses may need to have a prescribed “cooling off period.”
For a no-fault divorce the court must find:
- The relationship no longer be viable
- The discord or conflict of personalities destroyed the marital relationship and prevented the possibility of reconciliation
- The marriage to be irremediably broken
Related: No-Fault Vs Fault-Based Divorce: The Difference
Uncontested Divorce
An uncontested divorce, also known as collaborative divorce, is an approach to divorce without litigation through the court. An uncontested divorce allows both parties to collaborate in the negotiation of the divorce terms. By having a mutual agreement through an uncontested divorce, spouses can avoid the emotional impact and the court charges.
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If you or a loved one would like to learn more about the types of divorce, get your free consultation with one of our divorce attorneys today!