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Types of Divorces
A divorce is the ending of a marriage by court petition and there are various ways in which divorces can be terminated, including uncontested, mediated, no fault, at fault, collaborative and summary actions.
- An uncontested divorce is one in which both parties concur that it is in their best interest to terminate the marriage while agreeing on issues of child custody, child and spousal support, and property distribution. If the parties can not reach an agreement, they have the option of asking the judge to make a decision regarding their children and/or their assets.
- A mediated divorce requires the services of a person acting as a mediator who promotes dialog between spouses, and helps to resolve issues of conflict. One the mediation is complete, with both parties agreeing to the terms, the mediator submits the terms to the court.
- A no-fault divorce does not require either party to provide proof of fault in an allegation of irreconcilable differences or incompatibility. The no-fault divorce is used in all states except New York.
- An at-fault divorce is used when all options to ending a marriage have been exhausted. Fault has to be proven, thus allowing for an immediate divorce. Such a divorce can have an effect on real estate and other assets that are held jointly by the couple. This type of divorce is only used in New York state.
- A summary divorce is generally simple and not available in all jurisdictions. It is used when both spouses come to an agreement on important issues beforehand and meet other eligibility requirements.
- A collaborative divorce is one in which, with the input of divorce attorneys, agree to a resolution based on their own interests and needs. The collaborative divorce is confidential and all materials used in the negotiation process is exempt from being used in later court actions against either party.
Grounds for divorce may differ from state to state. Each type of divorce has it's on pros and cons, making it essential for the petitioner to know and understand the ramifications of the one chosen and the legal processes that are required.
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