What You Need To Know About Different Types of Divorce
The divorce process is not something most people enjoy, but it happens in appro 50 percent of marriages. Several types of divorce exist, ranging from collaborative to contested.
When issues surrounding parenting and custody or the division of substantial assets are in dispute, a contested divorce Tampa may be warranted. It is typically a more complex and involved type of divorce that usually involves hiring a separate attorney for each party and bringing controversial issues before the court for the judge to resolve. A trial may be utilized in extreme cases, but typically the divorce includes settlement negotiations and hearings.
Couples who work together to determine the terms of their divorce can choose the collaborative option of an uncontested divorce. In this type of divorce, the court serves as the agreement’s officiant after both parties reach a peaceful consensus and file their paperwork with the court separately. Settlement negotiations, hearings, and other court procedures are minimized in an uncontested divorce.
Sometimes an estranged spouse does not respond to the divorce petition, in which case a default divorce may be needed. The court can grant the divorce ¨by default¨ in these cases, and the non-responding party does not need to be present.
A summary divorce may be employed for couples who do not have significant assets and children and are willing to cooperate. Typically, these couples only need to fill out and file a few forms. Depending on the state, there are restrictions on marriage duration and assets required to use this type of divorce.
This type of divorce is for couples who do not wish to involve the court and are bound through a signed legal agreement to work together to come to a consensus.
Both parties retain separate attorneys who usually have a particular focus on collaborative law.
The lawyers will withdraw from the case, and each party will need to start over if the legal agreement to work together is not honored. This can serve as motivation for the couple to continue working together until reaching an agreement.
Fault and No-Fault
At one time in the U.S., proving fault was required before a divorce would be granted. Now, in most states, a no-fault divorce can be given. No-fault divorces are standard practice providing an easier divorce process, particularly for couples with low conflict and few assets for division.
Should divorce be inevitable, it can be helpful to under the different types that can be utilized. Couples can divorce amicably without much court involvement, or they can bring their disagreements to trial.