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Types of Divorce

Simplified Divorce Explained

Simplified Divorce Explained

Simplified divorces are often utilized for couples that have not been married for an extended period of time, and are without children.

In a simplified divorce, couples place no blame on either spouse for the divorce; in other words, simplified divorces are no-fault divorces. Generally, a simplified divorce is quick, efficient, and very inexpensive.

In order to take part in a simplified divorce, couples must agree to a manner in which to distribute marital assets, as well as which spouse is responsible for any debts incurred during the marriage.

Spouses must both want to divorce and agree that there is no way to save the marriage. In addition, spouses may be required to be present at the courthouse to file for a simplified divorce together.

Generally, couples that take part in this type of divorce, have little or no assets to fight over because they have not been married for an extended period of time.

In fact, couples will find that they have little difficulty in retaining any individual property that they brought into the marriage.

Often, couples taking part in a simplified divorce are able to handle the process by themselves. There are many websites that offer documentation for simplified divorces.

However, any spouse that feels that his/her rights are in jeopardy should hire legal representation to ensure that they are not being taken advantage of.

In the absence of doubt, couples can take the time to make lists of all assets, either joint or individual. In addition, couples should realistically assess all debt and distribute it appropriately.

Once the couple has made all assessments, they can work together to come to an agreement on a mutually beneficial distribution. Often, couples divide all marital assets equally.

In fact, spousal support is often handled as a separate issue; simplified divorces are generally only utilized for marriages that were short in duration, and the amount of shared property may be extremely limited.

It is not likely that spousal support will even be considered because of the length of the marriage.

The couples should also consult all state and local laws to be sure that their agreement falls within the confines of the law.

While most states do indeed allow simplified divorces, laws will differ from state to state.

Couples that take part in a simplified divorce, will often find the process to be much less stressful than divorces that involve litigation.

In fact, a simplified divorce is likely to produce an agreement that both spouses find acceptable.

Simplified divorces are generally granted quite quickly, helping couples to avoid a prolonged process, which often results in confrontation and unhappiness.

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.

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