Types of Divorce

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Types of Divorce

There has never been a completely pleasant divorce. No matter how successful your separation may be, the inherent nature of a divorce seems to be failure of some kind. However, it is not uncommon for couples who split up to follow the necessary steps to have a clean, simple, amicable and fair divorce.

Knowing the kind of divorce you will be going through is one of the first steps on this journey. Certain states have different laws and choices when it comes to divorce, so you might not have much of an option. Either way, you should be doing your own independent research to figure out which type of divorce proceeding will fit your situation best. Here are some of the most common divorce situations.

Absolute and Limited Divorce
The official legal end of a marriage is known as an absolute divorce. In an absolute divorce, all ties and connections between the two parties are broken. A limited divorce, however, is given when a married couple does not have grounds to end their marriage. This type of divorce often occurs when couple do not have their issues in order, such as their finances and negotiations for the divorce.

Two Main Types of Divorce
Any absolute divorce will generally fall into either the "fault" or "no-fault" category. In other words, a divorce will either involve the spouses agreeing together to end the marriage or it will involve one spouse accusing the other of causing the end of the marriage.

In a no-fault divorce, neither spouse is fully responsible for the ending of the union. Both parties have agreed that, due to no fault of either spouse, that the marriage has no hope of being reconciled and both people would be happier going their separate ways. The general reasons given in a no-fault divorce are irreconcilable differences, the marriage has deteriorated, or the two spouses do not live together in the same home.

While fault divorces are not allowed everywhere, they are still available in two-thirds of the states in the U.S. In a fault divorce, the main difference is that one spouse is required to prove that the other spouse has caused the downfall of the marriage. The most common reasons that one spouse might claim a fault divorce are cruel or inhuman treatment, adultery, abandonment, lockout, imprisonment, or a separation agreement.

Default or Uncontested Divorce
If you find that you and your spouse are in agreement on most issues, you might be able to go through an uncontested divorce. This occurs when both parties are in agreement on the issues of the divorce and the spouse who did not file the divorce either agrees to it or simply does not show up.

Some people who want to go through the divorce process might choose a default, or uncontested, divorce. This type of divorce occurs when one spouse is summoned for a divorce hearing but does not show up at the correct time and location. Sometimes, one spouse may say they do not want to contest any issues, but later change their mind. At this point you might want to speak with a lawyer. An uncontested divorce often means you have chosen to proceed with the divorce without legal representation or aid.

Divisible or Bifurcated Divorce
For one reason or another, some divorcing couples decide to go through a divisible, or bifurcated, divorce. This occurs when a marriage is officially terminated in court, but everything else involved in the divorce process is taken care of at a later date. In other words, two people can quickly get officially divorced and then negotiate issues such as alimony, division of property, and child support at a later time. This type of divorce often occurs when one or both of the spouses is interested in ending the divorce quickly for one reason or another.

Types of Divorce

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