Every divorce experience is different since many factors can impact it: number of children, length of the marriage, cause of the separation, employment, assets, and a lot more.
This is a contributed post and does not necessarily reflect the opinions of Meet The Harris Family.
What many couples don’t know, though, is that divorce, regardless of how it goes, often falls into particular categories. This article highlights some of the most common types of divorce. Those who wish to uncouple know what they’re getting into or what option is the best for their needs and setup.
1. Limited Divorce
Also known as legal separation in some states, limited divorce means that the couple decides to separate, but they can still enjoy some privileges brought by marriage. These include financial assistance, access to assets, so on and so forth.
It is a complex process wherein the couple is no longer living together, but the law still considers them legally married. In the process, they cannot remarry.
Limited divorce often comes with grounds or reasons, such as:
- Desertion or abandonment: if one spouse leaves home without consent or reason, the other will cause a limited divorce.
- Cruel treatment: if one party endangers or harms others or his property through neglect, maltreatment, drunkenness, drug use, mental illness, and more.
- Not living together: it means that both parties already have separate physical addresses or residences and are no longer engaged in any sexual relations.
2. Absolute Divorce
An absolute divorce, on the other hand, dissolves the marriage altogether. The law recognizes them as two separate entities who can now remarry another. However, they also lose all rights and privileges that come with the marriage, including the possibility of inheriting something if one of the spouses dies.
Absolute divorce is one of the most common types in the United States, and over the years, it has been less exhausting for couples. Many states, including New York, now follow the no-fault principle.
In other words, they no longer have to prove any grounds for the separation. Instead, they have to swear under oath that they could no longer restore their marriage, at least for the last six months before filing the papers.
The rules on no-fault divorce can vary between states, and this rule doesn’t exempt someone from stating their grounds for leaving their partner. It can help if the spouse wants to fight for custody of the children, receive higher spousal support, or defend themselves if they get involved in a contested divorce.
3. Uncontested Divorce
An uncontested divorce happens when both parties agree on all the terms of their separation. This includes asset division, child custody and support, and alimony or spousal support.
Since both agree, they can avoid going to court and let the state decide. In fact, they have several options on how to settle the terms:
- Do it yourself: With a do-it-yourself divorce, both spouses can file and process their paperwork by themselves with a bit of help from a law firm or an online legal resource. However, because divorce laws can be confusing, hiring a divorce attorney is still beneficial.
- Mediation: If the spouses cannot agree on everything, they might need mediation. It is a process where a neutral third party helps the couple settle their differences and come up with an agreement that both can live with. The mediator does not have any legal authority to decide on the couple, but they can recommend one.
- Arbitration: Arbitration might be a better option if mediation doesn’t work. It is similar to mediation, but the arbitrator can make a binding decision on the couple. This arrangement usually happens when there’s a large discrepancy on what each spouse wants or where one party is being unreasonable.
4. Collaborative Divorce
Collaborative divorce is a relatively new concept in the United States, but it’s gained traction over the years. It’s a process where both parties agree to resolve their issues outside of court. It usually happens with the help of a lawyer, who will guide both parties through the process.
The benefits of collaborative divorce are:
- Both parties are heard and have an equal say in the outcome.
- Couples can maintain a good relationship after the divorce.
- It’s usually cheaper and faster than going to court.
5. Contested Divorce
A contested divorce is the complete opposite of an uncontested one. It happens when the couple cannot agree on any issue, big or small. This includes everything from asset division to child custody and support.
In a contested divorce, the spouses hire their respective lawyers and prove what is best for them. They also leave it to the court to decide. Many experts advise couples to avoid contested divorce for the following reasons:
- It stretches the divorce, making it last for months or even years.
- It can be expensive and mentally exhausting for couples.
- The court still decides, and the decision might not be in their favor.
There are different types of divorce, and each one has its set of benefits and drawbacks. Couples need to understand their options before deciding which one is right for them. If they’re still unsure, they can always consult with a divorce lawyer to get more advice.
