Need to Divorce: Four types of the more common Divorces
As anyone who has been through it will tell you, every divorce is different. In fact, depending on where you live and whether or not you and your ex see eye to eye about your split, there can even be multiple types of divorces. Here are the four most common:
Uncontested Divorce
Often called a friendly divorce, an uncontested divorce happens when a couple negotiates the terms of their breakup themselves, including alimony, child support, custody, co-parenting and community property. Because they don’t need the court to make these decisions for them, uncontested divorces don’t require lawyers, which makes them one of the least expensive ways to dissolve a marriage.
Contested Divorce
When one or both spouses disagree about the terms of the split, it’s often referred to as a contested divorce. In this case, both spouses are required to be represented by divorce attorneys during mediation. Depending on how quarrelsome the relationship is, costs can add up quickly, with an average price tag between $15,000 and $20,000*.
At-Fault Divorce
An at-fault divorce occurs when one or both spouses are claiming wrongdoing in the marriage, like abuse or adultery. This type of divorce has become quite rare, with most states no longer recognizing “fault.” In states where fault divorces still go to court, a judge may assign more punitive financial responsibility to the faulty spouse. The judgment is often contested and can lead to expensive legal battles.
No-Fault Divorce
With a no-fault divorce, neither party is accused of wrongdoing. The details of the split are kept private, and proceedings are often relatively swift and inexpensive. All states recognize no-fault divorces, although some require that couples live apart for a specified period before one of the parties can file for divorce.
Understanding the type of proceeding you’re facing can help you navigate the process more smoothly. After contacting your legal counsel, it’s essential to be sure your finances are in order, so give us a call. We’re here to help.
This material does not represent tax or legal advice; therefore, it is important to coordinate with your tax or legal advisor regarding your specific situation.
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