What Are Some Different Classifications Of Divorces
Uncontested Divorce:
The uncontested divorce is the simplest kind of divorce that you will encounter. This occurs when both parties to the divorce are able to reach understanding and complete agreement on all issues relevant to the divorce litigation. Among these issues in general is the division of any property and debts, custody of children, child support and visitation rights with children.
If both parties come to agreement on all of these issues, and other procedural challenges, such as the 60-day waiting period to finalize the divorce, either party may approach the judge with their lawyer and present the Divorce Decree for the judge’s signature. This process includes answering some pertinent questions for the judge before he or she will grant the divorce. Once the judge hears the testimonies, he will sign the Final Decree of Divorce and the parties will be officially divorced. If either party decides to get married again, he or she must wait at least 30 days from the date of the Final Divorce Decree.
Contested Divorce:
A contested divorce occurs when the parties to the divorce are unable to come to agreement about issues relevant to the divorce litigation. Common disputes include how to divide the community property between the parties, how to allocate the community debt and whether or not to award spousal support or alimony. Other issues include determining how much child support should be ordered, determining who will get primary custody of the children of the marriage, what the terms of visitation should be, and, in some extreme cases, whether visitation should be supervised. In a contested divorce, where issues are in dispute, parties must attend a trial to litigate all unresolved matters in front of a judge or jury. The trial involves witnesses giving testimony and attorneys offering evidence for the judge or jury to consider before issuing a ruling or jury verdict. Once the judge and or jury makes a decision, concerning all outstanding issues and declares a ruling or verdict, the parties are officially divorced. Like in an uncontested divorce, either party must wait 30 days before attempting to remarry.
No-Fault Divorce:
A no-fault divorce can be either contested or uncontested. It is classified by the grounds on which a divorce is filed. A no-fault divorce is one where neither party is at fault in causing the breakup of the marriage. In stead, the divorce is sought based on the idea of insupportability, or irreconcilable differences. This means that significant differences have arisen between the parties during the marriage and they are completely unable to reconcile the matters, leaving divorce as the only viable option. Property and debts are usually divided roughly 50/50 between the parties in a no-fault divorce, unless one of the parties requests and, upon proof of proper grounds, is granted a disproportionate distribution of the marital estate. This means that one party would be entitled to a greater than 50 percent share of the marital estate. There are numerous factors that the court will consider when determining whether to grant a disproportionate distribution. These factors may include disparity of earning power between the parties, the parties’ respective work histories, whether either party is disabled, or other equitable considerations that would render a disproportionate distribution to be a just and right division of the community property.
At-Fault Divorce:
An “at-fault” divorce, whether contested or uncontested, is distinguishable by the allegation and/or finding that one of the parties to the divorce was at fault in causing the break up of the marriage. Common grounds for alleging fault include adultery, spousal abuse, cruelty, theft and the commission of any other relevant and improper acts. As stated above, fault in the break up of the marriage is one factor the court may consider in deciding whether to award a disproportionate share of the marital estate to the party who represents the victimized party. In other cases, where abuse is present, the victimized party may also seek a protective order against the at-fault spouse and/or take other action, in some cases, to limit the at-fault spouse’s access to the children.
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