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Types of Divorce

Ultimate Guide to The Types of Divorce Overview

Ultimate Guide to The Types of Divorce Overview

There are many reasons that couples decide to file for divorce.

In some cases, couples take part in a divorce in which there is a mutual agreement to divorce.

Many times, those couples decide to work together to come to an agreement on all aspects involved in the divorce settlement.

For example, a couple may work together to decide on the distribution of all marital property, which spouse is responsible for debt, alimony, and all issues that relate to children.

Issues that relate to children include child custody, child support, visitation, and decision-making power for issues that affect the child.

Many times, spouses want what is best for their children and often feel that those decisions should be made by them, rather than by the courts.

In other cases, spouses do not agree to divorce or cannot agree on a fair distribution of property and assets.

That type of divorce is called a contested divorce. In that case, couples are unable to come to an agreement on all of the terms involved in a divorce.

For example, they may be unable to work out visitation and custody of any children involved. However, those couples may still have agreed to divorce due to simple irreconcilable differences.

That couple is likely taking part in a no-fault divorce, or a divorce in which neither party is blamed for breaking the marriage contract. In each type of divorce, the desired outcome is generally the same.

Couples must distribute all marital assets and have an agreement in place for any child-related issues. In addition, couples generally have a spousal support agreement.

In some cases, couples can come to these agreements on their own. In other cases, couples work through mediators or collaborative family lawyers, to come to their agreements in the absence of court intervention.

In yet other cases, couples require court intervention, in which the judge makes all decisions that pertain to the divorce.

Collaborative divorce is accomplished in the absence of court intervention. Generally, this type of divorce is utilized by couples that hope to avoid the conflict and accusations which generally arise in divorce cases that are heard by the courts.

In fact, these couples strive for an amicable divorce. Couples generally seek the advice of a collaborative family lawyer to come to a divorce agreement.

These lawyers specialize in helping couples to come to a mutual understanding regarding all terms in their divorce agreement.

In fact, couples involved in collaborative divorce, generally report higher satisfaction with the outcome of their divorce.

In part, their satisfaction is due to their ability to take part in all aspects of the process. Couples are given ample time to discuss all of their options.

In addition, the couple is spared from the conflict often found within courtrooms. For some couples, an added benefit is the idea of a divorce record that contains only minimal information as it relates to the divorce.

In fact, their divorce record will only contain their divorce agreement, while other divorce records include information from the facts presented in court.

Since divorce records are available to the general public, many couples wish to avoid making accusations in court and placing blame since it would all appear in the divorce record.

Couples that take part in a collaborative family law divorce, avoid many of the stressors associated with other types of divorce.

Separation vs. Divorce

Separation vs. Divorce

Legal separation refers to the process by which a married couple can declare that they are no longer living together as a married couple and want such separation to be recognized by law.

The main issue with legal separation is that is constantly confused with a divorce.

Legal separation and divorce, though they may seem similar because of the inherent separation of the couple, are not one and the same.

The key difference is that legal separation, though certain arrangements are made similar to a divorce, the couple will legally still remain married. A divorce is the dissolution of the marriage under a decree of law.

Legal separation is oftentimes referred to as a trial separation because the couple will still remain married even though are separated.

It is common for a legal separation to ultimately end in a divorce and is usually the first step during the divorce process. However, a legal separation does not necessarily mean that a divorce is to follow.

There are other reasons as to why a married couple may seek a legal separation, but not necessarily divorce.

A common example may be the case where a couple decides to separate and no longer live together as a couple, though certain benefits, particularly health benefits, may suffer as a result of a divorce.

A legal separation will allow for the married couple to simply no longer live together, but no lose out on such benefits.

A legal separation, though not necessary, is usually advice given to couples no longer wanting to remain married as a way to have legal protection for both parties.