What Are the Common Types of Divorce?

What Are the Common Types of Divorce?

January 3, 2023

By Johnson/Turner Legal

What Are the Common Types of Divorce?

January 3, 2023

By Johnson/Turner Legal

When it comes to getting divorced, you should understand the process. Keep reading to learn more about the main types of divorce.

Did you know that 31 percent of marriages end in divorce? That’s quite a lot of couples getting divorced for any number of reasons. And divorce isn’t a simple thing – there are many different types of divorce.

You’ve probably only heard of one or two, so this may take you by surprise. If you’re looking at a divorce, it may feel a little daunting to know what you need. Luckily, you’ve come to the right place.

We’ll explain the different types of divorce, and what’s entailed so you know which type you need to get. All you need to do is keep reading.

Types of Divorce

When it comes to divorce, there are seven different types you need to know about. You may have already heard of some of the more common types, such as uncontested divorce or contested divorce.

In addition to those two, there are also no-fault divorces, at-fault divorces, limited divorces, summary divorces, and default divorces. Each of these types has its own small differences.

Knowing which type the divorce you are seeking falls under will help you. If you know what you’re after, you can seek legal advice easier.

Uncontested Divorce

An uncontested divorce is where both you and your spouse agree on all details of separation. These are fairly straightforward.

Find a lawyer that can assist with mediation in case things get heated. They can help you prepare a final agreement, smooth over any issues between you and your soon-to-be ex, and remind you of your legal rights.

Once you have all of the details planned, all you need to do is file the paperwork. This is also fairly easy to manage, so don’t worry.

Contested Divorce

A contested divorce is where the parties in the divorce can’t agree on specific issues. Whether you only disagree on one part or all of the divorce, you are considered to have a contested divorce.

When you can’t come to an agreement, you must have the courts make a decision for you.

A contested divorce takes considerably longer than an uncontested divorce. This is because the courts often take longer than the waiting period required to divorce by the state to come to a decision on things.

No-Fault Divorce

A no-fault divorce is the most common type of divorce. All 50 states recognize no-fault divorces. This is where the spouse who wants to divorce the other does not have to find fault with their partner in order to file for divorce.

Typically, states will require that spouses live separately for a set period of time before filing for divorce.

The grounds for a no-fault divorce are usually cited as an “irreparable breakdown of the marriage.” As this divorce is the most common, it’s easiest to file for.

At-Fault Divorce

At-fault divorces aren’t as common as no-fault divorces these days. This is when one partner files, citing a “matrimonial offense” on the other partner’s behalf.

Common offenses are adultery, abandonment for a specific amount of time, prison confinement, and if the other spouse is abusive.

There are two things that set an at-fault divorce apart from a no-fault one. At-fault divorces do not require a period of separation before the divorce is granted. In addition, if fault is proven, the party not at fault can get more of the marital assets.

Limited Divorce

A limited divorce isn’t actually a full divorce. Limited divorce is more commonly known as legal separation. This occurs when spouses aren’t sure if they want to divorce or not.

Limited divorces can be used to determine if an official divorce is the best way to put an end to marital difficulties.

Just as with absolute divorces, a lawyer can help figure out agreements to put in place during the time of separation. In addition, they can make sure you know your legal rights.

Summary Divorce

A summary divorce is also known as a summary dissolution of marriage. This option is ideal if you have few assets and don’t want or need spousal support.

You can only get a summary divorce if you don’t have children, a house or mortgage on a house, or joint debt above a certain amount. In addition, in order to get a summary divorce, you must have only been married for a short time. This is ideally five years or less of marriage, though some states allow eight years or less.

Default Divorce

A default divorce is an uncontested divorce where only one spouse participates. Sometimes this is because the other spouse is unreachable, and sometimes it is because the other spouse doesn’t show up to hearings or meetings.

A court usually will not enter a default divorce unless the spouse who filed can prove they attempted to serve the spouse who isn’t there.

Cost of Divorce

In some states, different types of divorces will cost you more in legal fees. However, here at Johnson/Turner Legal, you don’t need to worry about that.

We charge a flat rate for our services rather than an hourly rate or different rates for each divorce type. You’ll know how much you have to pay from the beginning.

Schedule a Consultation

Now that you’ve learned all about the types of divorce, you’re ready to look into hiring a lawyer. You probably have plenty of questions. Or maybe you want to speak with a lawyer to make sure you can work with them.

If either of these is the case, schedule a consultation with one of our consultants! All you need to do is fill out the form and we’ll speak with you as soon as possible.

Let us make the process of getting divorced easier – you won’t regret it.

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