The Different Types Of Divorce
When you think about the media portrayal of divorce it is generally filled with contention over serious matters such as asset distribution and child support. In reality, there are many different types of divorce and they are generally friendlier than the screen portrayal. If you are thinking of getting a divorce, it is important to know the different types that are available and how they work.
No-Fault And Fault Divorces
Fault and no-fault divorces are among the most common and have changed over the years. In the past, the person seeking the divorce had to prove that there was wrongdoing by the other party in the marriage in order to justify getting a divorce. The most common reasons for divorce at the time were extreme cruelty, adultery, and abandonment.
Today, most states have done away with this and allow couples to get a no-fault divorce. This type of divorce lets both parties acknowledge that they both contributed to the breakdown of the marriage and want a divorce. However, there are 3 states that still require you to prove fault in order to get a divorce. There are also a number of states that offer a fault-based divorce as another option in addition to the no-fault divorce.
No-fault divorces are the most common today. This is particularly true for couples that do not see any fallout over matters such as marital asset division.
An Uncontested Divorce
An uncontested divorce will rely on both parties in the marriage to work out the terms of the divorce. The process for this kind of divorce will have both parties file separate paperwork with the court before going their separate ways. As everything in this divorce is agreed upon before filing the paperwork, there is no need for a court hearing or settlement negotiations.
An uncontested divorce is the best for couples who are able to communicate with each other and agree on things. This type of divorce is also among the least expensive as you will not have to pay for an attorney to represent you in court.
A Contested Divorce
The contested divorce is the one that will be shown in the media and will generally result in court proceedings. A contested divorce will occur when the parties are unable to agree on the division of marital assets and need a judge to make this decision. This type of divorce might be necessary if both parties have a high net worth or a lot at stake in the proceedings.
The formal process for this type of divorce will require attorneys. It will also go through a series of hearings and settlement negotiations. The final settlement will often be determined by a judge based on the information which is presented by both parties at the court hearings or trial.
If you have contentious issues in your divorce, but do not want to go through the court system, you should look at arbitration. Arbitration is different to mediation as the final divorce agreement will be determined by a third-party also known as the arbitrator. The arbitrator will be presented with the facts from both sides and will then determine what each person should get in the divorce.
The ruling made by the arbitrator is legally binding and will be hard to fight in a court. There are a number of ways that you can find an arbitrator and through an attorney is often the best solution. Additionally, you will need to have an attorney represent you during arbitration if you want to get the best settlement possible.
Another divorce option for couples who have a hard time agreeing on the terms of their divorce is mediation. Mediation will also have a neutral third-party who will listen to both sides. However, the mediator will not make any decisions on the divorce and will help to facilitate communication to resolve the issues the couple faces.
Mediation is used to find a solution between both parties and not work through the court system. The mediator will also not be able to draw up the final divorce agreement. It is possible to go through mediation with or without an attorney.
A collaborative divorce is another way to go through a contentious divorce without resorting to the court system. This form of divorce will be similar to mediation and arbitration, but you will need to have an attorney represent you. Before the process begins, both parties will have to sign an agreement which states that they will work to come to an agreement. For more information and services, visit: http://divorceattorneyscolumbusohio.org/.
If the couple is not able to come to an agreement, the attorneys will have to withdraw from the case. The couple will then have to start from square one when it comes to the divorce. When hiring an attorney for this type of divorce, it is important that you hire one who specializes in collaborative law. Click to know about: How To Find A Budget-Friendly Divorce Attorney?.
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