Types Of Divorce

A divorce is an arrangement to end a marriage. It has been around as an instrument for the final termination of a matrimonial arrangement since antiquity. Over the ages and across societies, various types of divorce have evolved.

There are basically two types of divorce—at-fault divorce and no-fault divorce. Other divorce types have grown out of these two types.

At-fault divorce implies that one party or both parties in a marriage are at fault and guilty of behaving improperly. A family court decides who is at fault in the failure of the marriage. Factors that constitute grounds for divorce include adultery, desertion, cruelty, incurable insanity, etc. Fault divorces are usually granted immediately; however, it is legally possible to contest an at-fault divorce petition.

In 1970, California became the first U.S. state to pass a law enabling no-fault divorce. Under this type of divorce there is no need for either party to be at fault. Either spouse can cite “irreconcilable differences” to end the marriage. They are not usually required to produce proof to substantiate the claim. Most U.S. states grant a no-fault divorce even if only one partner desires it. There is not much one can do to contest a no-fault divorce application. In most states there is a waiting period before this divorce is granted.

Mediation and Collaborative divorce are the methods in which both parties meet together and discuss the most amicable way to separate. Collaborative divorce is comparatively inexpensive and a more amicable way to divorce than involving the court. It is also a private process that makes it possible to execute financial settlements and property distribution in good faith between the parties.

Simplified divorce, as the name suggests, is a simpler way to get a divorce. It is used when terminating short marriages or marriages of convenience where there are no children and no assets to fight over. Simplified divorces are not contested by either party and are no-fault divorces. These usually get approved within thirty days of filing.

Uncontested divorces are those in which both parties want a divorce and are in agreement over shared child custody. They can reach an agreement between themselves or with the help of divorce attorneys.