01 Apr The Different Types of Divorce
Going through a divorce is a painful experience. No one ever thinks that their marriage will end as they’re reciting their vows. However, sometimes separation is what’s best for all parties involved. Most people probably don’t realize that there are different types of divorce, and not all legal proceedings are the same. Divorces are approached on a case-by-case basis. This resourceful guide will explain the different types of divorce. Hopefully, this article will assist couples who are in this challenging situation.
What Is Uncontested Divorce?
An uncontested divorce is often considered the ideal type of divorce. In an uncontested divorce, both parties have come to terms with the marriage ending. No one is faulting the other party, and everything is amicably sorted out. This type of divorce is best for couples who don’t share any financial assets and who aren’t dealing with other legal matters (like child support or custody).
During an uncontested divorce, the former couple comes up with a separation plan together. Even though everything is done amicably in this type of divorce, it’s still wise for both parties to have legal counsel present when devising a strategy. Yet one of the benefits of an uncontested divorce is the potential lower legal costs. Once the exes have come up with a separation plan, it will be reviewed by a judge, and once approved, the divorce will be granted. It is vital to note that both parties must be in cooperation with an uncontested divorce. If one person doesn’t agree to the terms, the divorce may not be granted.
Contested Divorce
In a contested divorce, as the name implies, the former couple are unable to come to an agreement on anything. Both parties refuse to accept the other person’s terms, and things can become heated very quickly. This type of divorce is often depicted in popular culture to portray the devastating impacts of a couple’s separation. Both parties will need a trusted lawyer if they’re going through a contested divorce.
In a contested divorce, the judge will read each party’s case and determine their separation agreement from there. Each partner’s lawyer can advocate for their client and relay to the judge why the exes can’t come to a deal together. If you anticipate a contested divorce, please contact LaCoste Family Law immediately. We’re the most trusted divorce attorneys in Washington state. We’ll be your ally through this entire process and make sure to reach an agreement that works best for you.
Collaborative Divorce
Collaborative divorces are a great option for couples who don’t want to deal with the courtroom. In a collaborative divorce, both parties will sign an agreement before any negotiating begins. The agreement essentially states that the exes will work together to reach an agreement that works for both of them. Also, both parties will retain legal counsel. Each person should contact a divorce attorney who’s familiar with this type of divorce, so there are no ambiguities down the line.
A collaborative divorce agreement should also state that if, for whatever reason, the former spouses can’t come to a collaborative agreement, they can rescind this option altogether and start from square one. Again, this option is excellent for people who want to steer clear of the courtroom. If both parties hire experienced lawyers who are familiar with this type of divorce, there’s no reason things can’t end well.
No-Fault Divorce
Not very long ago, one member of a former couple had to prove that their ex was at fault for their marriage ending. This person would have to prove that their former partner either abused them or committed adultery. Luckily, almost every state has abandoned this practice.
Most states, like Washington, allow no-fault divorces. In this type of divorce, neither party proves that the other person did something wrong. In fact, the reasons for the marriage ending are irrelevant. Essentially, both people agree that they played a part in the marriage ending. This option is excellent for people who don’t see fights occurring and want things to proceed peacefully.
Default Divorce
A default divorce is rare, but it does happen. This type of divorce occurs when one party can’t be reached or found. Thus, the judge essentially counts their absence as approval of the agreement. Typically, this type of divorce doesn’t occur just because one person doesn’t respond. If someone doesn’t respond to a divorce filing within a specific amount of time, legal action will be taken. Usually, the non-responsive party is fined, or a judge could order them to come to the courtroom.
A default divorce, on the other hand, is when one party can’t be located. Perhaps they fled the country because of legal issues. Sadly, this divorce can also be granted if one person is declared missing and is never found. Although this type of filing is uncommon, it’s an available option for people who can’t locate their former partner.
Divorce is never easy. It’s heartbreaking when a relationship falls apart. However, there are certain things you can do to make the process a little less painful. This guide has provided a brief overview of the different types of divorce.
With the help of a family law firm like LaCoste Family Law, and Washington’s no-fault divorce laws, it’s possible for you and your former partner to remain on amicable terms. We want to help make this process as painless as possible for everyone involved.
However, if things do get heated and you anticipate a contentious divorce, LaCoste Family Law attorneys can help with that, as well. Remember to try not to let your emotions get the best of you during this challenging time. Although it’s difficult, a calmer mind will always be better in the long run.
