Law

The Main Types of Divorce: A Simple Guide

While many experts predicted the stress of the pandemic would increase the divorce rate in the U.S., according to The New York Times, the divorce rate decreased during the worst of the pandemic. This was because many people could not afford a divorce.

Now that the financial strain of the pandemic is primarily over, another surge in divorces is expected.

Perhaps you’re one of those in a struggling marriage. If so, here are some signs you should consider divorce and a little about the types of divorce available to you.

Signs You Need a Divorce

How do you know if and when you should consider divorce? Every marriage is different, but here are some of the signs it might be time to speak to a divorce lawyer about your options:

  • Instances of domestic violence or infidelity
  • Constant complaints about one spouse by the other
  • A lack of intimacy
  • Little time spent together
  • A lack of support by one or both partners
  • A failure of one spouse to meet the needs of the other
  • A difference view of the future of the marriage

Types of Divorce

While all divorces result in the dissolution of marriage, there are several different types of divorce, although not all are available in all states. Knowing the different types can help you better communicate to divorce lawyers what kind of guidance you may need.

No-Fault Divorce

A no-fault divorce allows one spouse to file for divorce without consent to divorce from the other spouse. The divorcing spouse does not have to prove any fault as grounds for divorce.

At-Fault Divorce

Most states no longer support at-fault divorces, but in the states that do, an at-fault divorce means one spouse committed acts that were grounds for divorce. Typically, the offending spouse is financially penalized by the court and must pay more in alimony because of the wrongdoing.

Contested Divorce

In a contested divorce, the couple cannot agree on the terms. The couple must work through lawyers and the court system to work out the divorce settlement.

Uncontested Divorce

When a couple agrees on all aspects of a divorce, it is considered uncontested. Uncontested divorces are often less costly than other types of divorce, since legal fees can be kept to a minimum.

Summary Divorce

A summary divorce is similar to an uncontested divorce, but it is for couples with no children and very few shared assets. A summary divorce requires little involvement of lawyers or the court. Some states have specific qualifications for couples who can get a summary divorce.

Default Divorce

A default divorce occurs when one spouse files for divorce and the other fails to respond to the petition. After a specified number of days without a response, the court can rule on the default divorce to end the marriage.

The First Step to Divorce

The very first step in a divorce should be a consultation with a divorce attorney. Regardless of the type of divorce you get, a divorce lawyer can guide you through the divorce process and help you understand the best types of divorce to consider for your marital situation.

For more tips regarding divorce, browse the law section of our website.

Related Articles

Back to top button