No two relationships are the same. And therefore, no two divorces are the same either. Because each case is different, there is no one-size-fits-all solution to the problem. That is why there are several options available for couples going through a divorce. Each of these options has its advantages and disadvantages, depending on the specifics of your case. It is up to you and your divorce lawyer to determine which divorce option is the right choice for you.
What Is the Difference Between a No-Fault and Fault-Based Divorce?
You will hear these two terms often when researching the different types of divorce. A no-fault divorce is the simplest option. Instead of going into the details of why the couple is ending their marriage, the petitioner only needs to cite irreconcilable differences as the reason. With a fault-based divorce, the petitioner must cite a specific reason why the couple is getting a divorce, such as physical abuse or adultery.
Uncontested vs. Contested Divorce
Before deciding which type of divorce works for you, get a better idea about what solution works best for your situation. Doing so means you will need to determine if you have an uncontested or contested divorce. With an uncontested divorce, the couple agrees to work together to find a way to compromise when it comes to things such as dividing their belongings. With a contested divorce, the couple cannot agree on significant issues such as child custody, dividing assets, or alimony.
What Are the Five Divorce Options?
Once the divorce lawyer has considered all the factors regarding your separation, it is time for you to decide which divorce process you want to move forward with. Here are a few details about the options you can choose from.
To help save money on their legal fees, some couples choose to represent themselves during the divorce process. This option works best for an uncontested divorce where the couple can agree on all factors and come up with a final settlement without someone else getting involved.
Like the Do-It-Yourself option, this process is a little faster thanks to the use of pre-formatted forms and filling out paperwork online. With this type of divorce, automation helps save time and money. This process also works best with couples who agree and are moving forward with an uncontested divorce process.
When a couple does not agree on one or more issues, this option is often used. The couple retains the services of a mediator who helps with communication. The mediator is a neutral third party that listens to both sides of the story. Then they make suggestions on what they feel would be the best solution for the couple.
This process is about finding a compromise between both parties to create a settlement they mutually agree upon. With this process, both spouses have an attorney to represent them. They are both required to sign a collaborative law participation agreement that defines the specific rules they must follow.
Litigation is the traditional approach to the divorce process. It is the default choice when the couple cannot agree on any other divorce options available. With litigation, both parties are represented by an attorney who works on their behalf. Unlike an uncontested divorce, with litigation, the actions are driven mainly by the two attorneys.
Find a Divorce Lawyer Near Me
If you are wondering about your divorce options and would like to learn more about what our next steps should be, contact our team here at the Law Office of Paul H. Bowen today. Our team specializes in all Family Law areas and is here to help you with your divorce case.