There are a few types of divorce: no-fault divorce, uncontested divorce, simplified divorce, and limited divorce. Depending on your specific situation and your terms with your spouse, a certain type of divorce may not be right for you. After reading these guidelines to four types of divorce, hopefully you will be able to determine which type is most beneficial to your personal situation.
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No-Fault Divorce
First established in California in 1970, no-fault divorces are much different than the other types of divorces previously offered. Previously, one spouse had to be at fault in order to terminate a marriage. Faults that were previously considered as grounds for divorce include:
- Adultery
- Physical Abuse
- Mental Abuse
- Desertion
Many states do still permit fault divorce and consider the wrongdoings of a spouse as grounds for dissolution of marriage. In a no-fault marriage, no one is at fault for the deterioration of the marriage. In some states that favor no-fault divorce, misconduct by a spouse might be overlooked. With a no-fault divorce, grounds for divorce can include:
- Incompatibility
- Irreconcilable differences
In no-fault divorces, no evidence is required to prove why the marriage should persist.
Uncontested Divorce
Uncontested divorces occur when both spouses mutually agree to end their marriage. Spouses in an uncontested divorce often agree on property division, finances, children and other normally disputatious issues. Although uncontested divorces are often simple and quick, spouses can unintentionally surrender their rights to alimony, pension benefits, or real estate income. It is always to hire an attorney even if you and your spouse remain amicable.
Simplified Divorce
A type of both uncontested and no-fault divorce, simplified divorces include no conflict between the spouses involved. Simplified divorces usually occur in short term marriages that produced no children or where there are few marital assets to dispute over. State laws on simplified divorce vary nationwide. Simplified divorces are usually inexpensive and low stress. Because there is little to dispute over, simplified divorces are usually granted as quickly as within 30 days of filing.
Limited Divorce
Similar to legal separation, limited divorce is not permitted in some states. Limited divorce is usually involved with couples who still need ample time to rearrange and settle personal and financial issues such as:
- Division of pension funds
- Property division
- Child custody and visitation
- Alimony
Also like legal separation, during the process of limited divorce, spouses must live apart and are not permitted to have sexual interaction with each other or other people.
No matter what you and your spouse’s circumstances include, there is a type of divorce that will ultimately benefit you and your specific needs.
Are you curious about the types of divorce?
Find information on the types of divorce at divorcemediators.com