4 Common Types Of Divorce

Posted on: 4 February 2016


Divorce can be one of the most difficult experiences that you, your spouse, children, and the rest of your family have to go through. One of the best ways you can go about a speedy, hassle-free divorce, is to decide on what type of divorce you wish proceed with. It is recommended that you consult with your divorce attorney before coming to a decision on such a matter.

Contested Divorce

A contested divorce is a de facto type of divorce in which one of the spouses claims that the other spouse is at fault for the divorce. A divorce will necessarily proceed as a contested divorce if one party claims fault against another. A contested divorce usually arises when neither party can come to adequate conclusion regarding the division of assets or the custody of children. In every contested divorce, the proceedings will go to trial.

Summary Divorce

A summary divorce is an expedited type of divorce that can only occur if you meet certain conditions. For example, you must fulfill one of the following criterion: you have no children together, you have been married for less than 5 years, you own very little or no property, and do not have a significant joint debt. Summary divorces are not available in all states and are also only an option if both parties can agree on the division of what little joint assets you have.

Collaborative Divorce

A collaborative divorce is somewhat similar to a summary divorce, but a bit more complex. Both parties will hire attorneys who will advocate for their client, but still work together to come to a decision that is mutually beneficial for both spouses. If, however, such a conclusion cannot be made, both attorneys must resign from their role and the proceedings must go to trial.

Uncontested Divorce

Much like a collaborative divorce, this requires that both parties work together. However, unlike a collaborative divorce, this means that there is absolutely no contest regarding the division of assets or custody of children. This means you decide your own terms of your divorce, including custody and visitation. The proceedings of an uncontested divorce will not have to go to trial.

As you can see, the different types of divorce run the gamut from antagonistic to a collaborative process in which both parties come to define the terms of their own divorce. Depending on which type of divorce you and your spouse wish to proceed with, you may wind up having to go to trial. Contact a law office, such as Patton Hoversten & Berg PA for more information.