If you are getting ready to file for divorce, you may be wondering about the different types of divorce available to you. Of course, there are many different types of divorce available and many different rules for divorce. It is important to remember, though, that divorce is governed on a state-by-state basis. Thus while you can read about and understand some of the basic types of divorce, you need to learn the rules and the types that apply within your specific state if you want to end your marriage.
Types of Divorce: Fault or No Fault?
The first thing you will have to decide when you are ending your marriage is what the grounds for divorce will be. In general, it is now possible to get a no fault divorce in many cases throughout the United States. A no fault divorce means that one party is not necessarily to blame for the divorce and that one party didn't necessarily do something to cause the divorce. If you opt for a no fault divorce, you can simply list a reason such as "irreconcilable differences" as your grounds for divorce. Depending on the state, you may have to live apart for a set period of time before you can file for a no fault divorce.
A fault divorce is an alternative to a no fault divorce. In a fault divorce, one party is essentially arguing that the other person is responsible for causing the divorce. If you decide to seek a fault divorce, there are a few different grounds for divorce that you may consider depending on your situation:
- Abandonment: If your spouse has left the marital residence for a set period of time (usually around 2 years, but the time limit varies based on state) then you can claim abandonment. If you can prove that your spouse has not been a present husband or wife for that time period, in some cases you can even get the divorce without the other person being physically present or there to agree on the divorce
- Adultery: Adultery is grounds for divorce, but one problem with making this claim is that it can be very difficult to prove. You'd need hard or concrete evidence that your spouse had been with someone else in order to base divorce on adultery
- Abuse: If your spouse is abusing you or your child, this is grounds for divorce. In some states, you can even get an expedited divorce and separate from your abusive spouse more quickly. You will need to prove the abuse. You may also be granted a temporary or permanent restraining order and/or your spouse may be denied custody or access to children if abuse is proven.
There are also additional grounds for a fault divorce depending on the state and on what your spouse has done. These grounds can range from failure to consummate a marriage to the incarceration or mental problems of one spouse.
Types of Divorce: Contested Vs. Uncontested
If you and your spouse both agree to get a divorce, you can file an uncontested divorce. This tends to make the process quicker as both parties have agreed that the marriage should end. If only one party wants to get a divorce, you will have to file a contested divorce. To be granted divorce in such cases, you may have to have lived apart for a set period of time and/or you may have to take other steps to prove you are entitled to a divorce, depending on the state.
You and your spouse also have a choice on whether you want to come to a settlement agreement out of court and have the court sign off on it, or on whether you want to have the judge decide issues such as division of assets and custody. It is generally much less costly to create a settlement yourself and have the cour simply sign off- however, it can be hard to come to an agreement so this may not always be possible.
Getting Help
As soon as you begin thinking of ending your marriage, you need to consult with an experienced divorce attorney. Your attorney can explain to you what must be done to get a divorce within your state. He can also help you to collect evidence, file paperwork, interface with the courts, and otherwise to move through the legal system to achieve the legal end of your marriage.
