Planning To Get A Divorce? 3 Different Types Of Divorce Available
If you are planning to get a divorce soon, you should learn all you can about this first. This will ensure the process goes smoothly for you so that you can get started with your new life. First, you will find that there are different types of divorce available to you and your spouse, and it is important that you choose the right type for your situation. To help you, below is an explanation of three different types of divorce.
1. No-fault and Fault
Depending on the state that you live in you may have to prove who is at fault for the divorce. In most states, however, you do not have to prove fault and the court will look at the divorce as the fault of both people. Your attorney can tell you the rules for your state.
No fault divorces work well if you and your spouse do not have a lot of assets to be divided, have no children, and/or you and your spouse both agree on the divorce.
If you live in a state that you have to prove fault, this would be something like mental or physical abuse, abandonment, or adultery.
If you file for a divorce but your spouse does not respond to you, this is known as a default divorce, such as the spouse being absent. In most cases this is because the person cannot be contacted, such as you may not know where your spouse currently lives.
In a case like this, a court would grant your divorce by default without any need of your spouse to come to the court. There will be papers ready to be served to your spouse when and if they can be located. If at that point your spouse wants to fight the divorce they will not be able to as everything will already be final.
When you and your spouse go through a divorce, both of you have to submit the right paperwork through an attorney. If you and your spouse agree on everything, however, you may be able to go through the divorce process without going to court and filing paperwork separately. This is known as an uncontested divorce and is much quicker and less expensive for both you and your spouse. Your attorney can let you know if this is possible in your situation.
Talk to a divorce law attorney about this information and they can help you get started with the divorce process.