The different types of divorce cases

An estimated 50 per cent of all marriages in the United States of America end up in divorce today. The aspects surrounding marriage institutions dictate whether unions survive the test of time or end up in separations. The average span of marriages that end up in divorce in the US is generally eight years.

There are different types of divorce cases. Each of the types of a divorce proceeding is different. While some of the proceedings may be peaceful, others are often high conflict with emotions running high.

Below we look at the different types of divorce proceedings in the US.

The uncontested divorce

The uncontested divorce usually involves parties that have unanimously agreed to end their marriage. The couples, however, are in speaking terms and agree on how to end their union.

In Texas, a Fort Worth divorce attorney will file the divorce application for the party represented individually. These parties will then agree to a peaceful resolution. The parties involved have an agreement on the issues relating to their separation, the splitting of their resources and assets. The court serves as an officiant to the agreement between the two parties.

The beauty of this type of divorce is that it is civil without all the drama commonly associated with marriage annulments. The couples get to keep their secrets and all the embarrassing details out of the court’s domain. Uncontested divorce proceedings are cheaper to the parties involved than the contested ones.

Fault and no-fault

Traditionally, the courts in the United States required the parties to prove a fault in their marriage to justify the application for divorce. Most often, the blame would be an unfaithful partner or a cause that would make the marriage institution to be unbearable.

However, these days it is not a must there be a “fault” for a divorce. The introduction of no-fault divorce proceedings has allowed parties to separate more easily.

Arbitration or mediation

In some cases, a couple may agree to divorce but differ on the modalities involved. They may have different opinions on the sharing of assets. However, the said parties may prefer to handle the divorce out of court.

In this case, they may opt for arbitration or mediation. The difference between the two is that in mediation, the divorce attorney does not make any decisions but rather facilitates an agreement between the parties involved. In arbitration, a private judge is involved. The private judge then makes a ruling based on the information they receive from the parties involved during the arbitration process.

Default divorce

In default divorce, one party will file for divorce in a court of law. The other party, however, chooses to disregard the court sessions and disappears. In these cases, the court then awards the divorce by default.

Contested divorce

It is the opposite of an uncontested divorce. Both parties will engage legal representations which will then “battle it out” in court. They typically take much longer to finalize and involve more costs than uncontested divorces.

No matter the type of divorce, a judge of the court of law will, however, need to be involved. It is because for a divorce to be finalized, a court-appointed judge has to sign the final decree of divorce. So whether parties opt for mediation or uncontested divorce, the last word rests with the judge.

Patch Sagan
the authorPatch Sagan