What Are the Different Types of Divorce?

In 2020, more than 630,000 couples got divorced in the United States. Although divorce rates are on the decline, sometimes, marriage just doesn’t work out for one reason or another. If you need to get a divorce, it’s important to know what type of divorce you should plan for.

There are six basic types of divorce that are appropriate for couples in a variety of different situations. Read on to learn about these types and discover which might be the right one for your divorce.

No-Fault Divorce

One of the two types of traditional divorce is the no-fault divorce. As you might guess from the name, this is a divorce in which no single party is considered “at fault” for the divorce. Instead, one spouse asks the court to end their marriage without blaming either spouse for its ending.

In some states, no-fault divorces are the only option, although the married parties still have to cite grounds for the divorce. The grounds for divorce are effectively a reason that your state decides is valid enough to grant the divorce. Common no-fault grounds include irreconcilable differences, incompatibility, or irretrievable breakdown.

Fault Divorce

In some cases, one member of a couple may want to seek a fault traditional divorce. These divorces use the same grounds structure as the no-fault divorce, but in this case, the marriage is determined to be the fault of one of the parties. Only fourteen states and the District of Columbia still allow a spouse to file for fault divorce.

One of the biggest challenges of a fault divorce process is that you have to prove your spouse was engaging in the faulty behavior. Common reasons for a fault divorce include adultery, abuse, desertion, substance abuse, impotency, and abandonment. If you want to get a fault divorce, you’ll need to have evidence of one of these causes.

Uncontested Divorce

An uncontested divorce is different from a traditional divorce in a few key ways. For one thing, one spouse isn’t filing for the divorce without the knowledge or consent of the other. Instead, both parties are agreeing to end the marriage based on the legal grounds for the divorce.

In order to get an uncontested divorce, the spouses must both sign a document that includes a plan for ending the marriage. This will include detailing how they’ll handle marital property division, marital debt allocation, child custody, child support, parenting time, and spousal support. Although there is no trial for this kind of divorce, you will still need to go through a waiting period before a judge finalizes your divorce.

Collaborative Divorce

If you’re wanting to keep your divorce out of the courts as much as possible, you may want to look into a collaborative divorce. Like an uncontested divorce, this style is best for couples who both agree that the divorce needs to happen. It’s also best in cases where you and your spouse can still get along reasonably well.

During a collaborative divorce, you and your spouse will sit down with your respective attorneys to hammer out the details of the divorce. All of you will agree at the beginning that if you can’t settle your issues, your attorneys will withdraw and you’ll have to start over from scratch. This motivates everyone to settle the matter out of court before your divorce is finalized by a judge.

Default Divorce

If you file for a traditional divorce, the court will serve your spouse with papers notifying them of the filing. From the time the papers are served, your spouse will have a certain amount of time to respond. Usually, this time frame is somewhere between twenty-one and twenty-eight days, and your spouse will have to either admit to or deny the allegations you’ve made.

If, however, your spouse doesn’t respond in the allotted time frame, you may be able to file for a default divorce. In essence, your spouse loses their chance to tell their side of the story in the divorce. You’ll be granted all of the remedies you requested in your filing and the judge will grant your divorce.

Summary Divorce

In some very specific cases, you and your spouse may be able to file for a summary divorce. This kind of divorce is one step up from an annulment and is meant for couples who haven’t been married for a very long time. It’s a simplified version of the uncontested divorce model and requires less time and money.

In order to qualify for a summary divorce, you and your spouse must agree on all the issues related to the divorce. You must have been married for a short time, and you can’t have any minor children from the marriage. You also can’t have extensive marital property, much debt, or separate property issues.

Learn More About the Types of Divorce

Ending a marriage is a challenging process, but picking the right type of divorce can help to make it simpler. A traditional or contested divorce can be classified as no-fault or fault, or you can opt for an uncontested divorce. In certain circumstances, you can also get a collaborative divorce, a default divorce, or a summary divorce.

If you’d like to learn more about the types of divorce, check out the rest of our site at Fair Price Lawyers. For more than ten years, we have helped thousands of clients achieve their family goals. Schedule a consultation with us today and get the help you need during this difficult time.