Whether you are contemplating a divorce or you are just interested in learning more about it, it is important to know what the three types of divorce are. These include: No-fault divorce, contested divorce, and collaborative divorce.
Contested divorce
Generally, a contested divorce is one where both parties disagree on certain issues. This can lead to a long and arduous process. In some cases, a contested divorce can take months to resolve. The process is also more expensive.
A contested divorce is necessary when a couple has differences on major issues such as custody, alimony, and division of property. In a contested divorce, both spouses will have to appear in court to provide testimony and evidence.
The court process may be long and stressful, but it is important to ensure a fair settlement for both parties. If you are considering a contested divorce, consult a divorce attorney before you start. This will help you protect your legal rights and avoid common pitfalls.
The court process will require you to attend a preliminary conference. At this meeting, the judge will decide which issues you and your spouse can agree on. These may include custody, spousal support, and visitation. If the spouses can agree on these issues, they can proceed to the next phase.
You will also need to provide extensive documentation. This can include detailed financial records, wage information, and child-related materials. The documents may also contain interrogatories, which are questions designed to help you better understand the financial status of your spouse.
No-fault divorce
Whether you are considering a divorce, or just wondering what the process entails, there are many different types of divorce. No-fault divorce is by far the most common. However, some people may want to consider a fault-based divorce instead. These types of divorces are typically more expensive.
Fault-based divorces are based on a breach of the marriage contract. You can receive more alimony, or a larger share of the marital property, by proving that you were at fault. This can be very complicated, and may require a good attorney.
No-fault divorces are much easier to obtain. You do not have to prove that you or your spouse were at fault, but you do have to show that the marriage is irretrievably broken. It can take a while to prove your case, and you may end up paying more in the long run.
Some states require you to live separately for a certain period of time before you can obtain a no-fault divorce. The initial separation period can last up to two years.
Some couples do not want to wait through the required separation period before they can file for a no-fault divorce. If you do not want to wait, or you are uncertain of your state’s divorce laws, speak with an experienced divorce attorney. These attorneys will be able to guide you through the divorce process and make sure that you receive the best order for your needs.
Collaborative divorce
Compared to other types of divorces, collaborative divorce is a relatively inexpensive procedure. It can be cheaper than traditional divorces, and allows you to save time, money, and stress. The process involves hiring a professional team, such as an attorney and a mediator, to help you work through the legal aspects of your divorce.
To start, you and your spouse will need to hire an attorney. The process can take eight to fourteen months to complete. Depending on the number of professionals involved, the cost can be as little as $25,000 to as much as $50,000.
You will also need to have a meeting with your spouse’s attorney to discuss the terms of your divorce. If you are unable to reach an agreement, you may have to hire a different lawyer or even go to court.
One of the most important parts of the process is a “no court” agreement, which holds both parties accountable and encourages them to negotiate. A collaborative divorce is not for everyone. It is not advisable for couples who have a history of violence, or if one or both of the parties are abusive.
To be successful, your lawyer will need to be well-versed in collaborative divorce. Your lawyer will be able to provide you with insight and guidance, and can even advocate on your behalf.
