Defining Divorce Types

Defining divorce types, choosing the process that makes sense for your family.When a couple makes the decision to divorce, it may not always be clear where to begin with the whole process.  Across the United States, there are several approaches that a couple could take when divorcing, and choosing the right method for your case is not a decision to take lightly.  While you will want to consult with a family law professional to begin the actual process, you can inform yourself beforehand about the different ways to approach a divorce.  Here are few short facts about some common types of divorce:

At Fault Divorce: In an at fault divorce, one party will make the case that the other is directly “at fault” for causing the marriage to fail.  For instance, adultery or abuse towards a child or spouse are two reasons that one party may claim are grounds for an at fault divorce.  In decades past, the only way a couple could divorce was if one party was indeed at fault.

No-Fault Divorce: Unlike at fault divorce, no-fault divorce does not require that one party claims fault by the other for causing the marriage to fail.  In other words, no fingers are pointed at either party for being totally responsible for the decline of the relationship.  In a no-fault divorce, irreconcilable differences is a common reason claimed for bringing the couple to the point of divorcing.

Uncontested Divorce: A divorce can be uncontested when both parties are in agreement on the larger issues such as child custody, finances and property division.  The parties would have come to this agreement either on their own or with help from their respective attorneys.  Once these decisions are made, a marital settlement agreement is signed and filed with the court.  Parties may not even enter the courtroom in an uncontested divorce.  On the flipside, a contested divorce may occur when parties cannot reach a final agreement,  This would lead them to bring their case to court where a judge or jury will rule on the terms of the divorce.

Limited Divorce: Similar to a legal separation, limited divorce does not dissolve a marriage but allows parties to live separately and work on settling issues, such as child custody and support.  A couple may also choose a limited divorce for religious or financial reasons, or if future reconciliation is a possibility.  If the couple chooses to proceed in completely ending the marriage, the divorce process will continue and become absolute.  Neither party could legally remarry without obtaining an absolute divorce first.

Collaborative Divorce: In a collaborative divorce, each party agrees from the start to work out their divorce agreement outside of the courtroom with the help of their respective attorneys who are trained in collaborative practice.  While each attorney is representing their clients independently, they will work closely together to negotiate a final agreement on all matters.  Other experts, such as a mediator and financial specialist, may also be called upon to help in negotiations.  Open and clear communication is central to a successful collaborative divorce.  If all matters cannot be settled outside of court, the attorneys agree to withdraw from the case, and the parties will find new attorneys before heading to the courtroom to settle their agreement.

While there may be several ways to approach a divorce, keep in mind that not every type listed here will be a viable option in every case.  For instance, divorce laws can vary state-by-state, so your location may play a role in deciding how your divorce is approached.   If you are considering divorce, seek advice from a family law professional who can offer legal guidance and let you know what options are available to you based on your situation in particular.