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Family Law
Types of Divorce
Please
note that this information primarily deals with the United States and
does not signify a worldwide view of divorce and marriage separation.
The team at Awareness-Guide.com do not condone divorce in any way and see the divorce process as a final resort. That said we understand that there can exist situations where a divorce is indeed the best solution. To
that end we have compiled this information and provided these resources
to help you to better live through the experience and be more aware of
some of the factors that may effect you in your divorce
proceedings.
Our Aim with this Guide
Our
aim is to help you become better prepared for the experience that lay
ahead and to allow you to be able to put your life back together
that much sooner.
Please
note that all this information is of a general nature and should not be
considered as advice. Please seek the assistance of a divorce
professional to help you with your unique situation and we wish you all
the best for a positive result.
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It
is estimated that upwards of 95% of divorces in the US go
"uncontested". This is when both parties are able to come to an
agreement (either with or without lawyers or legal counsel) regarding
joint property, any concerned children and issues surrounding ongoing
support issues.
When
both parties can agree and present the court with a fair and equitable
agreement, approval of the divorce is practically guaranteed. If the
two parties cannot come to an agreement, they may ask the court to
decide how to split their property and deal with any arrangements
regarding the children.
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The types of divorce that exist in the United States (as well as many other nations are;
The “At-fault” Divorce
Fault
divorces traditionally were the only way to break a marriage, and
people who had differences only had the option of separation where they
were prevented from legally remarrying. In
the United States at the time of writing (April 2008), the only U.S.
state thatstill requires fault for a divorce is New York. All other
states of the union have adopted no-fault divorce laws.
However there are ways (defences) to prevent a fault divorce these are:
- Condonation
- Connivance
- Provocation
- Collusion
A defence can be extremely expensive and not usually practical as eventually most divorces are granted.
Comparative
rectitude is a set of guidelines used to determine which spouse is more
at fault when both spouses are responsible for breaches.
Fault
divorce can affect the distribution of property, and will allow an
immediate divorce (in states where there is a waiting period required)
for no-fault divorce.
Residency requirements vary from state to
state, and a spouse may separate and move to a state where divorce laws
suit their needs, establish residency, and the file for divorce under
local statutes. However, this typically does not change the state in
which property and other issues are decided.
The No fault Divorce
Under
a no-fault divorce arrangement the termination of a marriage does not
require an accusation or proof of fault of either party. Common reasons
for no-fault divorce include: incompatibility, irreconcilable
differences, and irremediable breakdown of the marriage.
Forty-nine
of the United States have adopted no-fault divorce laws. No-fault
divorce has been in operation in Australia since the mid 1970’s. The
only thing the applicants need to show is separation (or "deemed
separation") for a minimum period of 12 months. The divorce application
can be made by both parties jointly.
The Summary Divorce
A
summary (or simple) divorce are available in some jurisdictions and
primarily used when spouses meet certain eligibility requirements or
again where both parties can agree on key issues beforehand.
Key factors are:
- Short marriage (under 5 years)
- No children (or issues of custody and child support payments are resolved)
- Minimal or no real property (usually a mortgage)
- Marital property is under a threshold (about $35,000 and not including motor vehicles)
- Each spouse's personal property is under a threshold
The Collaborative Divorce
Collaborative divorce is becoming a popular method for divorcing couples to come to agreement on divorce issues.
In
a collaborative divorce, the parties negotiate an agreed resolution
with the assistance of attorneys trained in the collaborative divorce
process and mediation. They often work in conjunction with the
assistance of a neutral financial specialist and/or a divorce coach.
The
parties are empowered to make their own decisions based on their own
needs and interests, but with complete information and full
professional support. Once the collaborative divorce starts, the
lawyers are disqualified from representing the parties in a contested
legal proceeding, should the collaborative law process end prematurely.
Most attorneys who practice collaborative divorce claim that it can be substantially less expensive than other divorce methods.
Mediated Divorce
Divorce
mediation is an alternative to traditional divorce litigation. In a
divorce mediation session, a mediator facilitates the discussion
between the husband and wife by assisting with communication and
providing information and suggestions to help resolve differences.
At
the end of the mediation process, the separating parties have typically
developed a tailored divorce agreement that can be submitted to the
court. Some mediation sessions can also include a neutral attorney or
an attorney-mediator who can inform both parties of their legal rights,
but does not provide advice to either. Divorce mediation can be
significantly less expensive than divorce litigation.
The adherence rate to mediated agreements is much higher than that of adherence to court orders.We strive to provide only quality reports and
other resources for you, so if there is a specific topic related to
divorce that you would like us to cover, please contact us at
any time.
And again, thank you to those contributing daily to
our divorce website.
TheTeam@awareness-guide.com
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Additional
Resources
What Happens To Your Home In A Divorce
By Paige
If you're going through a divorce, you'll want to ensure that your home is protected. Tips and advice on how to safe-guard one of your largest assets. Read more...
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Additional Resources
Understanding The Divorce Procedure In The Uk
By James Walsh
The law is enough to scare off anyone in any part of the world and people do not approach the court out of a fear for complications. In such a situation, this country offers a commendably fast, very Read more...
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