When you get married, you usually go in with the best intentions and in no way wish for your marriage to end. But life may take a different turn, and sometimes, this will mean divorce. However, there is no one-size-fits-all solution for divorce. Divorce itself is usually stressful, but encountering terminology you find strange as you navigate the divorce process may make it worse.
Discover the
different types of divorce to make it easier for you to understand the process.
Contested Divorce
A contested divorce arises when one of the two partners wants the divorce while the other does not. Alternatively, the two parties involved may not agree on the divorce terms.
Usually, in such cases, the soon-to-be ex-partners disagree about issues such as child support and custody. Such cases can take longer to conclude and are often costly, even if the two parties agree. The parties involved have to exchange
information over issues such as finances and attend court hearings so they can decide how to handle contentious issues.
If the contested issues are not easy to resolve, the case may be in court for trial. If you are in such a scenario, hire a divorce attorney to help you navigate the court process and secure your interests.
Uncontested Divorce
An uncontested divorce is straightforward to complete. For a case to qualify as an uncontested divorce, the parties involved settle their difference on issues such as child custody, alimony, visitation, and property division.
Once they settled these issues, the couple can file a divorce petition in court. In some states, you will find specific forms for this kind of divorce; in others, you will find the uncontested option among the choices in a standard divorce form. You may also need to file this form jointly or as a couple, according to your state. Your case is likely to be fast-tracked so you can divorce in a short time.
Pro Se Divorce
This type of divorce is alternatively known as a
pro per divorce. Here, both partners represent themselves in court. Under the law, you do not necessarily need a lawyer to represent you in a divorce case. So, this type of divorce is completely normal.
But, just because you can divorce without the help of a lawyer does not mean you should take the option. This option may only work for you if you want a summary or uncontested divorce that does not have many issues to resolve.
Summary Divorce
A summary divorce is an uncontested divorce procedure for couples who have not been married too long. This type of divorce is also known as summary dissolution or simplified divorce. Couples who are most likely to embrace this option usually have no children or no joint debts and do not own many properties. Both parties are likely to have agreed to the divorce and must file jointly.
This type of divorce involves less paperwork than other types on this list. A summary divorce can easily happen without the help of an attorney.
Default Divorce
A default divorce happens when one party files for the divorce and the other party fails to answer the petition. Such divorces occur when the defendant refuses to cooperate or is missing.
Different states handle non-responsive spouse cases differently. However, in most cases, the court will require that the filing spouse tries to deliver the documents to the defendant. The court will also require the filing spouse to serve the missing spouse by publication. If the court ascertains that the defendant's spouse cannot engage in the case, the court will give a default judgment that grants the divorce.
These are just some of the types of divorce you may encounter. However, many others exist, and to have a fair chance of fighting, you need to understand what the law says about divorce.
Reach out to our experts at Hoffman & Hoffman for the best chance at winning.
