If you are considering ending your marriage, it is important that you know that there are different types of divorce. The type of divorce you choose depends on your unique situation, but you should know that you have several different options. Before choosing which type of divorce is right for you, you will need to carefully consider your goals and consult with an experienced divorce attorney. Knowing all of the facts and the pros and cons of each type of divorce can help you make an informed decision.
Uncontested Divorce
An uncontested divorce can be a fast and straightforward option when a couple agrees on all matters related to their divorce. More people than ever choose an uncontested divorce because it decreases the time and expense related to the divorce. You can finalize your divorce within approximately a month of your initial filing. However, you must agree with your soon-to-be ex-spouse on everything, including property division, debt division, child custody, child support, and other financial matters. At Divorce Concierge, we specialize in providing clients seeking an uncontested divorce with affordable, flat rate legal service plans.
Contested Divorce
A contested divorce is not as straightforward as an uncontested divorce. These types of divorces, there will be one or more issues that the spouses cannot agree upon. Sometimes spouses will start the process assuming that they will get an uncontested divorce. Over time, they realize that they have more disagreements than they anticipated. A contested divorce takes more time to finalize. If you cannot negotiate a divorce settlement with your soon-to-be ex-spouse, you will need to go before the court and allow a judge to decide for you after a hearing. You will both present evidence at the hearing and examine and cross-examine witnesses. The most common issues that divorcing spouses cannot agree upon are financial and child custody matters.
No-Fault Divorce
Currently, every state recognizes no-fault divorce. In a no-fault divorce, one spouse can file for divorce even if their partner does not want to get divorced. When a spouse files for a no-fault divorce, he or she will not have to prove that one of the traditional grounds for divorce, such as adultery, have been met. Instead, the spouse petitioning the court for divorce can simply state that they have irreconcilable differences.
In other words, the fault is not placed on one or both spouses during a no-fault divorce. The benefits of a no-fault divorce include not having to provide evidence showing that one of the grounds of divorce has been met. On the other hand, if a spouse has committed wrongdoing in the marriage, he or she cannot be financially penalized in a no-fault divorce. No fault divorce also avoids the blame game, which can become costly and prolong the divorce. Additionally, the divorcing couple will not have to go into detail about private issues in their marriage.
Fault-Based Divorce
Historically, when a spouse petitioned the court for divorce, he or she would have to provide evidence that one of the grounds for divorce had been met. Fault-based divorce is still recognized in New York, But many people choose to opt for a no-fault divorce because it is quicker and usually less stressful. When one spouse can prove that the other spouse is at fault, they may be entitled to a larger portion of the community property, or to alimony or child support payments from the spouse who committed the wrongdoing. Some of the most commonly used grounds for fault-based divorce include:
- Adultery: The spouse trying to prove adultery needs to supply evidence of the adulterous activity, which can include phone calls, text messages, and video tapes
- Spousal abandonment with no intention of returning
- Severe mental illness
- Prison time
- Lack of sexual intercourse in the relationship
- Emotional or physical pain or abuse
Limited Divorce
Limited divorce is not as common and is not available everywhere. Limited divorce is similar to a legal separation. A court will order a legal separation when a couple needs more time to resolve their legal and financial issues. One of the benefits of a limited divorce is that it is not considered a legal divorce. The spouses cannot remarry, and the custody and financial claims remain unresolved. When you need more time to negotiate with your spouse and organize your finances, a limited divorce can be helpful.
Summary Divorce
Summary divorce is not available in every state. This type of divorce is only available to married couples who do not have children and have minimal assets and debts. This type of divorce is useful if a couple has not been married for very long and does not have many assets. The process for a summary divorce takes less time than a traditional divorce. Summary divorce is similar to an uncontested divorce case.
Default Divorce
A default divorce involves a spouse who does not respond to divorce papers. Sometimes the spouse is angry that the other spouse filed for divorce and ignores the papers. In other cases, the spouse who has served the papers forgets and does not submit his or her answer before the deadline. The petitioner can finalize the divorce after a 60-day waiting period when a spouse does not file an answer after being served divorce papers. The waiting period includes weekends and holidays. If the 60 days pass without an answer, the petitioner can call the courthouse and schedule a hearing on a default judgment.
At the hearing, the petitioner brings all of his or her divorce paperwork. The court may require an inventory and appraisement if you have children. The judge will review your file. If all of the paperwork is correct, the judge will sign a final divorce decree, and the divorce will be finalized.
Contact a Texas Divorce Attorney
If you are interested in filing for an uncontested divorce in Texas, contact Divorce Concierge as soon as possible to discuss our affordable, flat-rate legal fees.
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