The 4 different types of divorce are uncontested divorce, no-fault divorce, simplified divorce, and limited divorce.
Divorce is becoming a worldwide trend that affects millions of couples and families. In the United States alone, couples who got married for the first time in the year 2002 will have a 20% probability of getting divorced within 5 years, and that probability increases to 33% in 10 years and 43% in 15 years. Divorce rates in remarriages in the United States are still substantial with an estimated 2/3 of remarriages ending in divorce. Couples who are considering divorce should consult a Divorce Attorney Farmington Hills to be aware of the resolutions that should be made and the possible effects involved. There are also different types of divorce that the couple should understand.
Uncontested divorce is a less adversarial approach to divorce. Uncontested divorce occurs when a mutual agreement has been reached by both partners regarding the divorce itself, and other important issues related to the marriage such as child custody, division of property and financial concerns. Because there is almost no conflict involved, uncontested divorce is less stressful and easier for both partners. However, it may result in the discontinuation of certain rights like alimony, pension benefits, real estate income and other financial sources. Because of this, it is still advisable to seek advice from an attorney even if the couple is on the best of terms.
The no-fault divorce laws were first passed in 1970 in the state of California. In the past, in order for a spouse to leave the marriage, there had to be a definitive fault committed by the other spouse like adultery, desertion and physical or mental abuse. These faults would then serve as the grounds or proof for acquiring divorce. As the name implies, no-fault divorce is a type of divorce where neither one of the partners committed a fault that could become a basis for the divorce. Irreconcilable differences or incompatibility may simply be cited as the reason for filing the divorce.
Simplified divorces may be considered a cross between an uncontested type of divorce and a no-fault divorce. Like uncontested divorce, both partners are not in conflict with one another. This type of divorce is applicable to marriages that lasted for only a short time and marriages that have no children and marital properties involved. It is perhaps the fastest and usually the cheapest type of divorce and may be granted within a span of 30 days after filing.
Limited divorce is similar to a legal separation. This type of divorce gives the couple adequate time to settle vital issues such as finances, child custody, visitation, division of pension and property and other important concerns related to their marriage before the divorce is finalized. Like legal separation, both spouses live in separate homes and are not allowed to have sexual relations with one another or with other people during the duration of the limited divorce.
Divorce is a decision that should not be taken lightly and both partners must think about their choice and weigh the possible consequences.