Making the decision to divorce is difficult. Alongside the emotional components of the decision is also the complexities of navigating the legal system in regard to divorce. There are many different types of divorce to consider and choosing the right one is crucial to making sure the journey towards divorce is as easy as possible. Here are 3 Types of divorce and what they can mean for the family.
Default divorce occurs when one spouse files for divorce but the other spouse never responds to being served. Every state has its own laws and time limitations for how long a spouse has to respond to the divorce request. After that period of time has elapsed, the spouse petitioning for divorce can file a motion of default which will allow the court to accept the divorce without the participation of the other spouse. While default divorce is a simple way to end a marriage when a spouse is unresponsive to court proceedings, it does carry some risks, primarily for the unresponsive spouse. If the court grants divorce by default, the unresponsive spouse gives up their right to contest any orders brought forth by the court. This can include any orders for dependent custody, custodial privilege and child support. This can lead to the petitioning parent being granted full custody of minor children or being awarded child support.
An uncontested divorce involves forgoing a courtroom trial and instead focuses on both spouses working together towards an agreement in terms regarding the divorce. For couples who have come to divorce as a mutual decision and can amicably divide property, determine custody and child support arrangements, an uncontested divorce is the most affordable method of ending a marriage and is often much quicker than others as well. It also allows for fair terms in regard to child custody, visitation, and support.
Collaborative divorce involves both spouses utilizing lawyers to work collaboratively in their best interests towards terms that both spouses can agree to. In a collaborative divorce, both spouses must be open to sharing all information regarding assets and finances and agree to come to terms that are fair to both parties. If both spouses cannot come to an agreement in terms, they must abandon the collaborative divorce filing, hire new lawyers and take their divorce case to trial. Collaborative divorce can be beneficial for the family as it will allow for a fair and balanced agreement regarding property allocation, minor child custody, and child support.
Divorce is never easy. However, armed with the correct information it can be a bit less painful. Aiming for the most amicable solution where both spouses are considerate of fairness and the well-being of any minor children will aid in the best resolution for all parties involved.
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