For many people a divorce is a painful procedure that happens once they have explored every possible avenue of saving the marriage. Once the process starts, there is no going back for majority of people. The result is an annulment of marriage after either a legal battle or amicable separation.
Most people only know of these two types of divorces. This lack of knowledge often results in failure to explore more suitable options that would help the couple reconcile their differences and go along their separate ways without any undue stress.
There are four distinct types of divorce proceedings recognized by law. This is why it is often best to consult an experienced family law expert. Every couple has their own dynamics of relationship. This dynamics is still there when the differences starts and matters worsen to the stage where the spouses start to contemplate separation and divorce. It is because of this dynamics that every couple requires distinct treatment of their divorce proceedings.
No Contest Divorce
No contest divorce is one of the best case scenarios where the couple decides to end the marriage after a mutually agreement. This agreement specifies the division of property, assets, child custody and division of financial liabilities. This is often the swiftest divorces with a court order arriving within two months of filing the papers.
Contrary to popular perceptions, it is often best to involve an attorney in these divorces. Although the decision to divorce is reached after mutual agreement, it might happen that one of the spouses might give up a right unknowingly.
No Fault Divorce
A no fault divorce does not assign blame to any of the spouses. Rather, it accepts the fact that a couple might not wish to continue marriage because of irreconcilable differences or incompatibility.
This is a radical departure form the previous divorce laws that dictates that there should be valid ‘grounds’ for the divorce. These grounds were often the wrongdoings of one spouse and commonly included infidelity, desertion and mental or physical abuse.
It is now recognized that couples might wish to dissolve the marriage simply because they could not continue to live together. In such cases, a simple no fault divorce is the best option. In many cases, people confuse this type with no contest divorce. However, the two types are governed by very different set of laws and precedents.
A relatively unknown type of divorce is simplified divorce that often happens early in the marriage. In many cases, these divorces happen when the couple discovers early on that they could not possibly continue to live together in future. Simplified divorces, as the name suggests, are among the most simple of the divorce cases, with quick hearing and verdict.
One of the reasons of the quick resolution of these cases, is the fact that they are classified as no contest, no fault divorces. Since there are few assets and liabilities to partition and argue over, the resolution of the marriage is a straightforward matter. The decision is usually handed down in a few weeks of filing the papers.
Despite the name, couples looking for simplified divorce should consult an expert in state family law. This type of divorce is not allowed in several states. Where it is allowed, there are very strict requirements and pre-requisites for the procedure.
Limited divorce is not technically an annulment of the marriage. It is actually similar to legal separation in that the couple s granted sometime to sort their financial issues. The idea is to give the spouses enough time to take care of the issues that would otherwise complicate the divorce proceeding.
Filing for limited divorce means that the couple agrees on the principle of dissolution of marriage. However, the financial and domestic issues prevent them for going for a contested divorce. In such cases, the court might agree to grant some time to come up with a plan of division of assets, liabilities, matters of alimony and child custody.
During the duration of limited divorce, the couple must live separately and must abstain from sexual relations. Once the period is over, the couple, along with concerned attorney must appear before the judge and present the finalized agreement. Divorce proceedings start as per the usual procedure.
In all these types of divorces, it is important to understand that these four types of divorces require supervision and advice of a legal expert. It is very easy to file papers for an uncontested divorce only to discover that the judge has different ideas and the appeal is tossed out.
As you have seen, there are different type of divorce – the key thing is if the unthinkable happens, and you have to divorce, that you choose the right type of divorce proceedings.
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