Other states allow couples to expedite the divorce procedure. Only couples who don’t have massive debts, children, much property and have been married for five years or less can file for an expedited divorce procedure. Both sides should agree to the divorce and file the court papers together. Other couples can also file for a simplified divorce.
You only have a few pieces of paperwork to think about when you file for a simplified divorce. For that reason, you can present yourself in court without a lawyer. Usually, you can find the needed forms from the local court clerk’s office or official website. Below are the different kinds of divorce you might encounter down the road.
Default divorce happens when one of the spouses decides to file for divorce, and the other spouse doesn’t respond. One of the best examples of this case is when one of the spouses left the other without warning and cut their ties. Then, the judge will rule over the divorce despite the absence of the other party involved. Make sure to comply with the court’s guidelines about this divorce.
On the surface, default divorce is the best option. No other party will disagree with what you’re asking from the court, but you still have to weigh if it’ll benefit you or not.
Fault divorce procedures will require you to provide the grounds or reasons for filing a divorce. Each state has different restrictions for divorce. Before, couples who wanted to end their marriage had to gather proof that the other spouse was guilty of infidelity, cruelty, or abuse. Other common grounds for divorce include incurable insanity, inability to have sexual intercourse, and confinement in prison.
Hence, proving the wrongdoings of your spouse can be the best grounds. But the times have changed. Now, each state offers no-fault divorce. Depending on your current case and which state you’re from, your judge might rule that the other party is guilty of the accusations or neither side is at fault in the situation.
Most lawyers will present different options before filing for a divorce. Most of them will allow you to discuss your differences. Your lawyers call them “alternative dispute resolution” procedures. One of the most common kinds is divorce mediation. It’s the procedure where a neutral mediatory joins the couple in addressing all the problems that caused the dissolution of their marriage.
Mediators can’t decide for you. Instead, they’ll only offer guidance in discussing your feelings and current circumstances until both sides agree on something. If the mediation is successful, both sides will have to prepare a property settlement contract.
Divorce arbitration also falls under the “alternative dispute resolution” procedure. It has a few similarities to court proceedings because the arbitrator will have to assess your marital problems after your attorney has presented the information related to your case. Then, they’ll have to review everything. Usually, a retired judge or an attorney can work as an arbitrator in these kinds of procedures.
Divorce arbitration is less intimidating. That’s because it often happens in an informal environment instead of a courthouse. Unlike the procedures under this category, you can be flexible with the proceedings, allowing you to fit them into your schedule. It’s also more affordable than court appearances, where you’ll incur a massive amount of attorneys’ fees while waiting for a judge to hear your case.
In a no-fault divorce, you’ll only have to present that both sides involved had suffered a lot of damage that led to the dissolution of your marriage. Or you have “irreconcilable differences.” You don’t have to present any evidence that a spouse has caused the end of your marriage. You should remember that doesn’t mean your divorce is uncontested.
You still have to determine how you can address your other marital problems.
Collaborative divorce is another “alternative dispute resolution” procedure. You might have to reach out to a lawyer specializing in collaborative divorce procedures. Hiring a lawyer is necessary to settle the case. It’s also the procedure where you’ll have to be transparent about the information needed for fair negotiation.
You might also have to discuss with the other party’s lawyer as often as possible to reach an agreeable settlement. Both sides should agree that they’ll have to hire another lawyer to represent them in court if the procedure fails.
That will ensure that the parties involved, especially the lawyer, are neutral to prevent the case from veering away from its objective.
Your family, significantly the children, will be happier with a healthy marriage. If it’s only you and your partner, your healthy marriage is beneficial for your body and mind. If you have kids, it’s best to build a happy home that shields them from social, educational, physical, and mental problems.
Divorce might have negative effects on your well-being. Most have experienced issues related to self-confidence, isolation, depression, loneliness, or other problems.