Benson Law Firm - Lawyer - Attorney Paragould ARPosted by Benson on November 16th, 2020 9 Types of Divorce in the US
Marriage is a bonding between two individuals for love and companionship with a lifelong commitment that leads to security, financial stability as well as legal rights and benefits extended to the progeny. When mutual love, affection, compassion, and commitment are lost, it may lead to torture, insecurity, and instability. Thereby this most beautiful relationship becomes suffocating and a heavy burden to carry on for a lifetime. In such a situation, counselling or mediation helps some couples, while others need in-dependency which is mostly decided in court. No two divorces are the same. The painfulness of the process depends on the intensity of differences between the partners and their personality types. Here is a description of the types of divorce in the US.
In a fault divorce, a partner blames or proves that the spouse was at fault for the marriage to break down. If the court finds that he or she is at no fault then the will not be granted and they will have to continue as husband and wife. Though the partners can live separated, they will not be able to legally marry anybody else.
Today, almost all states allow no-fault divorce. Under no-fault divorce, the couples prove to the court that they are not compatible with each other and have suffered an irremediable breakdown of the relationship. This is suitable for those couples who don’t have too many marital assets to divide or have no conflict on the division of their property.
Contested divorce procedures take lots of time, stress, and money. Both spouses need assistance from divorce attorneys, as this type of divorce involves complicated processes. The contested divorce is suited in any of the following cases; either both the parties need a divorce and all the negotiations fail between them, or when one of partner feels that divorce is not necessary and argue that the other party doesn’t have a valid ground for divorce and attempts to prevent it, then it is taken into the court for the judgment. The process involves the exchange of information, negotiations for settlement, hearings, and proceeds for the court trial. The negotiations related to the custody of the child, the division of marital assets and debts will be raised. Initially, the judge enacts a temporary order regarding this as the whole process can take a long period of time. Mediation and counseling programs may also be arranged by the court. During the trial, both the attorneys present their evidence and then a final judgment is passed by the judge and lastly the final decree of divorce is filed.
An uncontested divorce is also known as a joint petition for divorce where there is no formal trial. It is usually followed by those couples who agree upon each other on all issues like child support, custody, and division of marital assets and debts, alimony, etc. In this type of divorce procedure, drafts an agreement and is later reviewed by both parties, and if they agree upon all the terms, it is then submitted to the judge for final review and approval. If the judge approves the agreement, the decree of divorce is issued. The divorce becomes contested if the spouse hires an attorney, refuses to sign the papers, or cannot be found. The disadvantage of this kind of divorce is that if there is a history of domestic violence, abuse, extra-marital affairs, etc., then one party will have an unfair advantage over the other. In such a situation, advice from an experienced divorce attorney is very much essential.
This is suitable for those couples who haven’t married for many years, say 5 years or less, and don’t have children, or don’t own much marital property or joint debts. The petition for divorce has to be filed in court by the couple, jointly, usually by filling forms from the family court. Unlike other divorce procedures, it involves less paperwork hence it’s known as a simplified form of divorce.
Arbitrated divorce is where both partners can’t come to a consensus regarding the divorce matters and hence they agree to hire a private judge as an arbitrator. The arbitrator weighs the issues and problems of each partner without bias and makes the judgment based on the facts and evidence submitted to him. Here the arbitrator gives the judgment in the same manner as a judge and is honoured.
Mediated divorce is less costly, and both parties will be able to come into consensus without conflict with the help of a mediator. Here he or she does not make decisions or judgments as it is left to both of the parties to decide. The mediator initially helps the parties in having peaceful negotiations, and in getting to an agreement, to produce it to the judge for finalizing, and in receiving the final decree of divorce.
In a collaborative divorce, the attorneys of both parties focus on collaborative law. Both parties sign an agreement to work together in a collaborative manner to reach an agreement. If they couldn’t come to an agreement, then both the attorneys would withdraw, and the couple will have to start the process all over again.
Most of the states in the US allow same-sex marriage and they also have the right to end their marriage, domestic partnerships, etc legally. They can use the same forms and procedures used for married couples. Decisions to divorce are very important, life-long decisions, especially if they have children. The future of each child depends on the child’s custody. During the process, it’s quite natural that the partners will be experiencing different emotional stages and need more clarity about the different legal procedures available, and facts to negotiate with the partner with an eye on their future. The guidance and assistance from an experienced divorce attorney can make a huge difference. Like it? Share it! More by this author |