Divorce & Various Types of Divorce

Divorce is a state of separation between the husband and wife. When things go out of control, many a times, it gives rise to a situation like ‘divorce’. Many a times, in-house settlements are tried or mutual consent is tried between the two parties to arrive at a consensus or settlement.

In spite of all these, if nothing materializes, it could result in a divorce case. According to some surveys, many respondents claimed infidelity or incompatibility as the major factor contributing to divorce in most of the cases. Apart from infidelity or incompatibility, there could be various other reasons like illness, cruelty or financial constraints contributing to divorce.

There are different types of divorces and different laws pertaining to each and every state regarding divorces. If you or your spouse is thinking of a divorce, it is important for you to know the types of divorces. You need to find out which is the right type for you.

There are different types like fault divorces, no fault divorces, contested divorces, uncontested divorces, default divorces, absolute divorce, limited divorce, emotional divorce, economic divorce and missing spouse divorces.

One of the most common types is ‘fault divorces’ where on account of some fault, separation is involved. The only reason to end a marriage was some fault and in such cases, there were many who were prevented from re-marrying. In case of couples finding it hard to get along with each other, they could file for a ‘no-fault divorce’. It is important to cite a particular reason which is recognized by the state to get a divorce under the ‘no-fault divorce’ type. The common reasons found under this type of divorce are incompatibility or no reconciliation. Moreover, the important condition being that the couple must stay separately for a certain period of time to get this type of divorce. When there are no proper grounds for faults, it could result in no-fault divorce.

‘Uncontested divorce’ type is one type of divorce wherein both husband and wife are in full agreement of the divorce terms. They are ready for each and every term/condition to sign all of the paperwork. This takes less efforts and pains compared to other types of divorce and gets over quickly. The lawyer takes care to ensure that both the parties agree to the terms and conditions and does all the legal formalities pertaining to the divorce. A small amount of fees is paid to the lawyer. This type is an easy route as well as an inexpensive type of divorce especially when you have small children. The stress involved is also less and the formalities get over in quick time. If both the parties do not mutually agree upon, then it could result in ‘contested divorce’ which takes lot of efforts as well as time compared to ‘uncontested divorce’ type.

The other type of divorce is ‘default divorce’. This is more or less like the other types of divorce only but the process is quite different. The lawyer has to draw a set of divorce papers with all the information and at the end, you will have to sign the papers. The spouse is then given final papers to sign and the matter goes to the court for the official hearing. This takes little more time compared to ‘uncontested divorce’ type.

One of the peculiar types of divorce is ‘missing spouse divorce’. In this type of divorce, you do not have any idea where your spouse is living or presently based at. Such cases can go for this type of divorce. There are certain procedures for filing papers under this type and they are guided by the state laws. This type can be used no matter in which state your spouse is there.

‘Collaborative divorce’ is one of the other types of divorce which is growing in popularity and helps couples to part in a better way compared to other types of divorce. With the help of legal attorneys, both the parties negotiate a resolution which is agreed upon. Financial specialists or divorce experts help this process to move very swiftly as well as quickly. Based on both the parties needs, they make their own decisions and are supported by professionals in this respect. On choosing the collaborative route, there is a legal proceeding where both the parties mutually agree upon. In this type of divorce, there is less of court room cost involved compared to other types.

‘Mediated Divorce’ is one type where there is mediation between the two parties. By mediating between the two parties, the couples tend to develop an agreement which could be submitted to the court later on. In case of couples who wish to end their marriage and are unable to settle between themselves, they can apply for ‘limited divorce’. This type of divorce gives partners time to settle issues such as support for their child, custody of the child, alimony and property issues. The law varies from one state to another.

The emotional feelings as well as the emotional separation are very much involved in ‘emotional divorces’ or emotional type of divorces. This type takes more pain when there are children involved. While going for a resolution, it is important that their interests are also taken in to account in such types of divorces. In case of ‘economic divorce’, it is the division of money and property which are basically involved in this type.

The best and easy way to go for divorce is the ‘simplified divorce’ type which speeds up the divorce process. It takes less time, money and efforts and usually is kept out of court. They are normally uncontested, no-fault divorces. Each and every type of divorce differs and has its own merits and de-merits depending on the couples situation.

Author: Venkatesh Iyer