What Are the Different Types of Divorce?

Oftentimes during divorce, people choose the least stressful way of dissolving a marriage. However, the quickest way to do so may not always give the most favourable outcome.

And since every case is different, you need to understand what your options are. Learn more about the different types of divorce and what to expect with each method.

1. No-Fault Divorce

With a no-fault divorce, both parties will cite irreconcilable differences as the reason for their divorce. That means no individual party is to blame for dissolving the marriage. The court does not require proof of misconduct from either spouse when granting a no-fault divorce.

Below are benefits linked to no-fault divorce:

  • Minimal divorce-related costs. Settling your divorce in court can be costly. Since there's no need to prove fault for either party, spouses can settle outside court. Eliminating court intervention lowers your legal fees.
  • Less emotional strain. Spouses in abusive marriages can file for divorce without necessarily testifying about their abuse in court.
  • Privacy is respected: Issues such as infidelity details are not discussed in open court as they are irrelevant to the divorce proceeding.

Although all states allow no-fault divorce, some require the couple to live separately for a specified period before filing for divorce. You can consult a divorce lawyer to explain the state laws applicable in your case.

2. Uncontested Divorce

For uncontested cases, both parties have to agree up-front on all divorce issues, including property division, child custody and spousal support. The lawyers for each party include the settlement terms in a separation agreement. Afterwards, your lawyer can file your divorce in court.

Generally, courts speed up these cases and grant divorce within a short time. In some states, you do not have to appear in court. But you need to file a sworn statement with the courtroom clerk.

If the court requests a hearing, usually the plaintiff has to show up. The judge will ask questions that you need to answer truthfully. The judge can verify whether you've met all the state requirements for an uncontested divorce based on your answers.

Though states have different laws, you may be required to prove residency in the jurisdiction of the ongoing case.

After confirming that both parties voluntarily agree to the settlement terms, the judge can issue a divorce decree and conclude your case.

For more information about your options for divorce, contact a local divorce lawyer.