Types of Divorce
Going ahead with divorce is one of the biggest decisions you’ll ever make. A lot is at stake right now, regardless of whether you have children or not. Naturally, if the marriage produced children, there may be more conflict. What types of property and debt occurred within the marriage may also be in question. If you’ve been thinking divorce may be the best or only answer for your union, it’s important that you gather some information about the different types of divorce that exist. First, it’s important to know that the 50 states have varying divorce laws. Additionally, though the concepts may be nearly the same, some of the wording will be different. Following is a breakdown of the different types of divorce from family law attorneys near you that may assist in guiding you on which path to take.
Contested and Uncontested Divorce
Two of the most common types of divorce that couples seek today are contested or uncontested. Their names are somewhat self explanatory, but naturally, there is important information you will need to know about each in order to determine if either of these types is the direction you would like to go in.
Uncontested divorce is an amicable split of married parties who are able to reach a mutual agreement to end the marriage. An uncontested divorce can only occur when both parties agree to the division of ‘community property’ as well as what will be done with any debt incurred in the marriage. Naturally, children are especially important when considering divorce. If you have children, an uncontested divorce may not be the right choice for you, unless you and your spouse can come to an amicable agreement concerning custody. One important thing to know about the uncontested divorce is that it can lead to one spouse or other giving up rights they later wish they hadn’t. It is highly recommended that you contact a family law attorney before moving forward with such a momentous decision.
Contested and Uncontested Divorce
Two of the most common types of divorce that couples seek today are contested or uncontested. Their names are somewhat self explanatory, but naturally, there is important information you will need to know about each in order to determine if either of these types is the direction you would like to go in.
Uncontested divorce is an amicable split of married parties who are able to reach a mutual agreement to end the marriage. An uncontested divorce can only occur when both parties agree to the division of ‘community property’ as well as what will be done with any debt incurred in the marriage. Naturally, children are especially important when considering divorce. If you have children, an uncontested divorce may not be the right choice for you, unless you and your spouse can come to an amicable agreement concerning custody. One important thing to know about the uncontested divorce is that it can lead to one spouse or other giving up rights they later wish they hadn’t. It is highly recommended that you contact a family law attorney before moving forward with such a momentous decision.
The contested divorce is just that ... contested. One or both parties in the marriage contest any aspect of the divorce, making an uncontested divorce an impossibility. When parties dispute such facets of the divorce as custody of the children or property distribution, the best route likely is to contact a family law attorney. Typically, each party to the dispute will contact his or her own lawyer in order to best represent respective sides. A contested divorce will go through a process which will have a number of steps, including preparing, filing, and serving a divorce petition, response to the petition, divorce ‘discovery’ in which both sides attempt to gather necessary information from the other, trial, and possibly appeals.
No-fault Divorce
Thanks to California, there is now such a thing as the ‘no-fault divorce.’ Before California’s passage of the nation’s first no-fault divorce in 1970, ‘fault’ had to be found between spouses of a marriage in order for the court to grant a divorce. In other words, there had to be what the court deemed as sufficient grounds for the divorce, i.e. at least one party in the marriage had to have done something to cause the other spouse to want a divorce. No-fault divorce simply means that no one is actually ‘at fault,’ per se, for the divorce. The idea of no-fault divorce laws was to minimize conflict during divorce. Some people believe, and some studies back up this belief, that no-fault divorce laws instead of created more conflict between spouses and even within the court system. In fact, the National Organization for Women (NOW) opposed the introduction of the no-fault divorce in New York State, citing it would permit a spouse who actually is at fault to obtain a divorce in which proper division of property as well as alimony could be determined without a judge considering facts and behavior that could have led to the marriage’s dissolution.
Ending a marriage is never easy, but some divorces are simpler than others. Most states have variations of the above-mentioned types of divorce, with different wording and sometimes only subtle modifications from one state to another. If you’re considering divorce, your most judicious action at this point is to contact a family law attorney in order to determine which type of divorce will suit your individual needs. Top family law attorneys in New Jersey will have more specific information and can offer consultation for your particular situation. They can help you and your spouse communicate effectively in order to minimize both confusion as well as anxiety of the legal dissolution of your marriage.
No-fault Divorce
Thanks to California, there is now such a thing as the ‘no-fault divorce.’ Before California’s passage of the nation’s first no-fault divorce in 1970, ‘fault’ had to be found between spouses of a marriage in order for the court to grant a divorce. In other words, there had to be what the court deemed as sufficient grounds for the divorce, i.e. at least one party in the marriage had to have done something to cause the other spouse to want a divorce. No-fault divorce simply means that no one is actually ‘at fault,’ per se, for the divorce. The idea of no-fault divorce laws was to minimize conflict during divorce. Some people believe, and some studies back up this belief, that no-fault divorce laws instead of created more conflict between spouses and even within the court system. In fact, the National Organization for Women (NOW) opposed the introduction of the no-fault divorce in New York State, citing it would permit a spouse who actually is at fault to obtain a divorce in which proper division of property as well as alimony could be determined without a judge considering facts and behavior that could have led to the marriage’s dissolution.
Ending a marriage is never easy, but some divorces are simpler than others. Most states have variations of the above-mentioned types of divorce, with different wording and sometimes only subtle modifications from one state to another. If you’re considering divorce, your most judicious action at this point is to contact a family law attorney in order to determine which type of divorce will suit your individual needs. Top family law attorneys in New Jersey will have more specific information and can offer consultation for your particular situation. They can help you and your spouse communicate effectively in order to minimize both confusion as well as anxiety of the legal dissolution of your marriage.