Types Of Divorce:
> Contested Divorce
> At-fault Divorce
> Summary Divorce
> No-fault Divorce
> Uncontested Divorce
> Collaborative Divorce
> Mediated Divorce
Types of Divorce :
Despite this, in some countries the courts will seldom apply principles of fault,but might willingly hold a party liable for a breach of a fiduciary duty to his or her spouses (for example, see Family Code Sections 720 and 1100 of the california Family Code). Grounds for divorce differs from state to state in the U.S. Some states haneno-fault divorce; some state require a declaration of fault on the part of one partner or both; Some states allow either method.
In most jurisdictions, a divorce must be certified (or ordered by a judge) by a court of law to come into effect. The term of the divorce are usually determined by the courts, though they may take into account prenuptial agreements or post-nuptial agreements, or simply ratify terms that are spouses may have agreed to privately (this is not true in the U. S, where agreements related to the marriage typically have to be rendered in writing to be enforceable). In absence of agreement, a contested divorce may be stressful to the spouses.
In some other countries, when the spouses agree to divorce and to the divorce, it can be certified by a non-judiciary administrative entity. The effect of a divorce is that both parties are free to marry again.
Contested Divorce:
Contested divorce means that one of several issues are required to be heard by a judge at trial level___ this is more expensive, and the parties will have no pay for a lawyer"s time and preparation. In such a divorce the spouses are not able to agree on issue for instance child custody and division of marital assets. In such situations, the litigation process takes longer to conclude. The judge controls the customs the outcome of the case. Less adversarial approaches to divorce settlement have recently emerged, such as mediation and collaboration divorce settlement , which negotiate mutually acceptable resolution to conflicts. This principle in the United States is called "Alternative Dispute Resolution" and has gained popularity.
At-fault divorce:
Before the late 1960s, nearly all countries that permitted divorce required proof by one party that the other party had committed an act incompatible to the marriage. This was termed "grounds" for divorce (popularly called fault) and was the only way to terminate a marriage. Most jurisdictions around the world still require such proof of fault. In the United States, no-fault divorce is available in all 50 states, as is the case with Australia, New Zealand, Canada and other Western countries.Fault-based divorce can be contested; evaluation of offences may involve allegations of collusion of the parties (working together to get the divorce), or condonation (approving the offence), connivance (tricking someone into committing an offen or provocation by the other party. Contested fault divorce can be expensive, and not usually practical as eventually most divorces are granted. Comparative rectitude is a doctrine used to determine which spouse is more at fault when both spouse are guilty of breaches.
The grounds for a divorce which a party could raise and need prove included desertion, abandonment, cruelty or adultery. The requirement of proving a ground was revised (and withdrawn) by the terms of no-fault statutes, which became popular in many Western countries in the late 1960s and early 1970s. In no-fault jurisdictions divorce can be obtained either a simple allegation of irreconcilable differences, irretrievable break-down , or incompatibility with respect to the marriage relationship, or on the ground of de fectoo separation.
Summary divorce:
A summary (or simple) divorce, available in some jurisdictions, is used when spouses meet certain eligibility requirements, can agree key issues beforehand.
Key Factors:
No-fault divorce:
Some western jurisdictions have a no-fault divorce system, which requires no allegation or proof of fault of either party, barest of assertions suffice. for example, in countries that require irretrievable breakdown, the mere assertion that the marriage has broken down will satisfy the judicial officer. A yes is enough, even if the other party vehemently says no.
In custody cases, court might consider factors that may appear like fault based issue but really related to protection of the child or children. These may include but are not limited to one or both parents substance abuse, history of violence,cruelty,instability,neglect or endangerment.
- Short marriage (less then 5 years)
- No children (or, in some states, when the spouses have resolved custody and set child support payments for children of marriage)
- Minimal or no real property (no mortgage)
- Marital property is under a threshold (around $35,000 not including vehicles)
- Each spouses personal property is under a threshold (typically the some as marital property)
Uncontested divorce:
It is estimated that upwards of 95% of divorce in the U.S. are "uncontested", because the two parties are able to come to an agreement (either with or without lawyers/mediators/collaborative counsel), children, and support issues.
When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is almost guaranteed. If the two parties cannot come to an agreement, they may ask the court to decide how to split property and deal with the custody of their children, Though this may be necessary, the courts would prefer parties come to an agreement prior to entering court.
Collaborative divorce:
Collaborative divorce is a method for divorcing couples to come to agreement on divorce issues. In a collaborative divorce, the parties negotiate an agreed resolution with the assistance of attorneys who are trained in the collaborative divorce process and in mediation, and often with the assistance of a neutral financial specialist and/or divorce coach(es). The parties are empowered to make their own decisions based on their own needs and interests, but with complete information and full professional support.
Once the collaborative divorce starts, the lawyers are disqualified from representing the parties in a contested legal proceeding, should the collaborative law process end prematurely.
Most attorneys who practice collaborative divorce claim that it can be more cost-effective than other divorce methods, e.g. going to court.
Mediated divorce:
Divorce mediation is an alternative to traditional divorce litigation. In a divorce mediation session, a mediator facilitates the discussion between the two parties by assisting with communication and providing information and suggestions to help resolve differences. At the end of the mediation process,the separating parties have typically developed a tailored divorce agreement that can be submitted to the court.
