In the United States, a divorce occurs every 13 seconds. Even though the process is overwhelming and painful to the people involved, the reason for the divorce and the agreement during the separation process will determine the type of divorce you will undergo.
Divorce is complex. Therefore, consulting an experienced divorce lawyer in Richmond will inform you of your legal rights and ensure you are perfectly protected. The following article discusses the different types of divorce.
In a contested marriage, one or both spouses disagree over precise divorce details. Divorces that are challenged are painful, time-consuming, and costly. If necessary, you will go through a long process of exchanging financial and other pertinent information.
An uncontested divorce is the least stressful and takes the shortest time to complete. Couples settle on disagreements such as child custody, property distribution, co-parenting, and alimony. You can file for divorce after your case has been resolved. In some places, you may be able to avoid going to court entirely by filing an affidavit with the court.
Here a trained mediator assists you and your spouse to settle the issues. It is not the role of the mediator to make decisions for you. Instead, mediators provide counsel and assist you in communicating with one another until you reach an agreement. If the mediation is successful, a property settlement agreement is drafted.
Same-Sex Couples Divorce
Most states now understand same-sex marriage concepts. Divorce for same-sex marriage is similar to any other married couple.
You have a default divorce when you file for divorce, and your spouse does not respond or cannot be found. Even if your spouse has not participated in the court processes, a judge can approve the divorce if you have followed the court’s norms and regulations. Although no one is contesting with you, there are advantages and disadvantages to a default divorce.
In many states, couples married below five years who do not own much property, do not have children, and do not have large joint debts can get a divorce quickly. Both spouses must agree to the divorce and file court documents together.
In a limited divorce, you remain married but no longer live together. The court supervises your separation and establishes temporary child support, health insurance coverage, spousal support, and property partition. A limited divorce is the best alternative for a married couple who need more time to handle their legal and financial concerns.
When applying for a no-fault divorce as a spouse, you don’t have to prove the other spouse’s fault. “Irreconcilable differences” are cited by parties seeking a no-fault divorce. The spouse receiving the divorce petition has no right to oppose the other party’s no-fault divorce petition.
In most cases, these jurisdictions demand that the spouses reside apart for a set amount of time before either can marry.
Couples file for a fault divorce based on marital offenses such as prison confinement, adultery, abandonment, and physical and emotional abuse. A fault divorce is attractive to some individuals, since the person not at fault receives more settlement during a divorce.
During a collaborative divorce, you and your partner agree with the attorney to negotiate and mediate your divorce process before litigating in court. In case of disagreement, the person involved will hire another lawyer. Collaborative divorce has several advantages, such as that it’s not costly, allows you the freedom to settle disputes, and takes a shorter time if you can negotiate terms that are suitable for you.
The legal proceeding in a divorce is complex. Therefore, finding a trustworthy and experienced attorney is crucial.