A Quick Guide on the Different Types of Divorce
Every year, more than 740,000 couples get divorced.
If you and your spouse are joining that number in the coming year, keep reading to learn about the different types of divorce you need to know.
Table of Contents
Couples who have mutually decided on getting a divorce can file for an uncontested divorce. With this type of divorce, the couple will amicably agree to the terms of the divorce and divide their belongings and assets on their own.
This type of separation does not require the help of a divorce attorney. It’s also the fastest and most affordable method of divorce.
If a couple cannot agree on the terms of their divorce or how their belongings will be divided, another option is a contested divorce.
This type of divorce is often the choice for couples who can’t agree on things like child custody and support. Instead, a judge will negotiate the terms for them. Both parties will need help from divorce attornies.
A select portion of the population may be able to seek a military divorce. At least one member of the couple must belong or previously belonged to the armed forces. This type of divorce allows for certain changes to the proceedings, such as not necessarily requiring both individuals to appear in court, which may be necessary for a divorcing spouse who is serving in the military.
To learn more about military divorces and who qualifies, click here.
In some states, a spouse may file for a no-fault divorce. Typically, this means that the other spouse has committed a “wrongdoing.” If the judge agrees, the couple who committed the wrongdoing will have to contribute more financially during the divorce.
If only one member of a couple wants to file for a divorce, they may file for a no-fault divorce. In this case, the divorcing spouse does not have to provide any proof of wrongdoing or explain their reasons for divorce in court.
However, with this type of divorce, the spouse who may have committed wrongdoing cannot be financially penalized.
When only one member of a couple files for divorce, and the other spouse refuses to respond to their request for a divorce, the first person may file for a default divorce. This often means that the other spouse is unable to be reached.
In this case, the judge will make the final decision on the terms of the divorce.
If a couple needs more time to decide on the terms of their divorce, such as negotiating child support and custody, they can file for a limited divorce. This divorce does not legally separate the two, as the spouses cannot remarry while this type of divorce is in place.
For couples with no children and only limited assets or debts, a summary divorce may be an option. This type of divorce allows couples to negotiate the terms of their divorce together. It requires little paperwork and is often fast and affordable.
When you and your spouse decide to call it quits, understanding the different types of divorce can help you ensure that you’re pursuing the right one.
If you found this content helpful, check out the rest of our blog for more legal advice and information like this.
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