Monday, November 21, 2011

Types of Divorce Explained

By Lawrence Reaves


Divorce is always a difficult subject, but it does not always have to be the terrible legal experience that it sometimes is. There are several basic types of divorce that you can consider. Below are the details about them. You need to choose carefully based on your personal situation.

Uncontested divorce is where both of the spouses end the marriage in a dignified manner, and basically both agree to not contest it or fight over assets. The advantage of this type of divorce is that it can speed up the process considerably and also it is less expensive. Less arguing over assets and children means less lawyer fees. This type of divorce also usually does not require any court hearing, so this also saves you time and cost.

This does not mean that the two people agree on every aspect of the divorce. However, both of them in this case have resolved to set aside differences and arguments. This allows them to compromise and to make the whole process less expensive and more efficient, as opposed to having multiple court hearings and expensive lawyers for months on end.

A simplified divorce can be done if you do not have children under 18. In this case, both parties have agreed on how they should divide the properties and assets from the marriage. In this type, it is common for both of the parties to handle the divorce papers and other documents as a way to save costs. Often one of the parties will visit the clerk of courts to get the various paperwork that needs to be filed. If you are interested in this sort of divorce in order to save money, there are do-it-yourself divorce kits on the market you can purchase.

In a no-fault divorce, there is no need for either party to find fault in the other. A couple can simply cited 'irreconcilable differences' as the reason for the divorce. A no-fault divorce makes it an easier and shorter process for everyone. This is especially true in a case where a spouse is afraid of his or her partner. This type also reduces the stress and conflict of the situation and makes it easier on any children from the marriage.

A disadvantage of this type is that there is no one held accountable for what caused the divorce. So, the judge has more authority in determining how assets and property should be divided. They also have more power in child custody and alimony.

In a limited or absolute divorce, is where there have been documented cases of abandonment, infidelity, or domestic abuse. The court in this case will settle property division and child custody. This is done before the spouses are allowed to be free to go about their separate lives as they wish.
As you can see, there are many types of divorce, and which one you choose really depends on your specific circumstances. Hopefully in your case, both parties can separate amicably, as this is much more time and cost effective.




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