The type of divorce you can get will depend on the laws of the state where you file, as well as on how well you and your spouse are able to work together on the terms of your divorce. If you want to learn more about the difference between an uncontested and a contested divorce, to learn what the difference between mediation and arbitration is, and what the other forms of divorce are, then keep reading.
Ideally, you will be able to get an uncontested divorce. For one thing, this will keep your divorce out of a trial, which can be a lengthy and highly expensive process. This further means that the major decisions for your future are not in the hands of a stranger, a judge who has only so much time to learn about your situation. Instead, you and your spouse can decide on child custody, support payments, and property division. This can save you time and stress.
A default divorce occurs when your spouse fails to appear in court or to respond to the divorce petition you filed. A court can order a divorce by "default" if you cannot track down your spouse, if they have disappeared.
There are some states where a summary divorce is available. This is for very simple situations and for shorter marriages, generally marriages that have lasted no more than five years. This is an expedited divorce where not many assets or much debt is involved, and a couple does not have any children. Spouses need to file the paperwork together, thus, they have to be in agreement.
A no-fault divorce is available in every state. The only legal reason that needs to be provided for the divorce is that there has been an "irreversible breakdown" of the marriage or that you two have "irreconcilable differences". Depending on a state's laws, however, there will still be a residency requirement, and there may also have to be a required period of separation before the divorce can proceed.
In a fault divorce, a spouse has to give a grounds for, or a legal reason for the divorce. This is often for "marital misconduct", such as adultery or domestic violence. Other grounds for a fault-based divorce can include, and are not limited to, substance abuse, abandonment, incurable insanity, and incarceration.
In a collaborative divorce, each spouse needs to work with a specific type of lawyer, usually an aptly named collaborative divorce lawyer. There is full disclosure of the information necessary, and each spouse with their lawyer will negotiate to hammer out the terms of the divorce. If this falls through, however, then you would have to pursue a litigated, or contested divorce.
In situations where a couple is open to the idea of working out the details of a divorce together, then divorce mediation could be possible. This is where a neutral third party (the mediator) facilitates meetings with the goal of helping spouses to negotiate the terms of their divorce. They try to help spouses find issues on which they are in agreement, and to help them find satisfactory compromises. The mediator cannot make decisions for you though. They can make suggestions, but they are not enforceable.
Arbitration has some similarities to a mediated divorce, but the main difference is that the arbitrator can make legally binding decisions in the divorce, the same as if a judge were creating court orders. The arbitrator will be a private judge that you and your spouse hire.
In a contested divorce, spouses have been unable to reach an agreement over the terms of their divorce, and the issues of child custody and property division, etc. will be brought before a judge to determine. This does not necessarily mean that you would head to trial, however. In fact, most of these divorces will end up in a settlement before that point.
Finally, while several states allow same-sex marriage, even more states allow same-sex divorce. For same-sex couples in California, Delaware, Hawaii, Illinois, Nevada, New Jersey, Oregon, Rhode Island, and Washington, a domestic partnership or civil union can only be ended through a process akin to divorce.
You can ask an experienced divorce lawyer about the types of divorce that are available in your state, and then you can review which option is best for your situation. Then with a legal expert on your side, you can stay informed about your legal rights throughout the process. Depending on the kind of divorce you get, you can also know that you have a legal advocate defending your interests in court, or that the final agreement has been crafted in a way that will hold up in a court. Search or directory for the divorce lawyer you need and deserve today!