We know that there are different types of divorce that can vary from state to state with the most common differences being between no-fault and fault divorce states. But, that doesn’t really describe the types of divorces. There are so many dynamics that go into marriages that can have an impact on the divorce and that will make a difference in how your case is handled. Be sure to work with your attorney on your divorce case to ensure you are aware of all the specifics and have a better chance at a more successful divorce.
Summary or Simplified
This is the most common type of divorce for people who do not have children and who have not been married for a long time. It is typically used when the marriage does not involve any assets and both parties are in agreement about what the outcome of the divorce will be. Divorcing couples must agree and submit paperwork together. States that offer this type of divorce may also be able to do it in an expedited way since it doesn’t require lengthy litigation.
Another common divorce type is the uncontested divorce that can be used when couples are in an agreement about the divorce. This is similar to a summary divorce but can also be used if the spouses have children or assets. Many couples choose to go this route because it is less expensive than hiring attorneys and going through litigation, but it is also one of the types of divorce where one party may feel they got an unfair end of the deal after the fact. Couples who cannot afford attorneys should carefully consider before this type of divorce.
Each state has different processes for their versions of default divorces, but it is used to describe a divorce that has been filed, but the other spouse doesn’t respond to it. The name can be confusing because it doesn’t just “default” to a divorce in most cases, but it can be easier for the filing party to ensure they can get out of the marriage even if their spouse is nowhere to be found.
Litigious. Expensive. Common. These are all characteristics of the contested divorce. A contested divorce is common in that spouses typically cannot agree out of court and usually have to fight for one asset or another. Contested divorces can mean anything from a spouse doesn’t agree to the divorce in general or they do not agree to the terms of the divorce. For these divorces, it is essential to ensure you have all the resources you need (including financial assets) before the divorce. Since they are expensive and filled with many legal proceedings, they can be complicated and turn nasty.
Mediated or Collaborative
While mediated and collaborative divorces are not the same, they do have enough similarities that they can be lumped together. In a collaborative or mediated divorce, spouses will often use a legal representative but will not do so in front of a judge. They will each use their own attorney or professional to help them come to terms of the divorce and then submit it together similar to an uncontested divorce. This can be helpful for couples who are not in agreement but who may not want to go through many court sessions.
No matter which of the types of divorce you have, money will play some part in it. Make sure that you work with a divorce financial planner to help protect your assets and help you become more financially successful after the divorce. Contact Wiser Divorce Solutions to set up your consultation.