What Are the Different Types of Divorce? A Simple Guide
In 2019, less than half of US households comprised of married couples. That’s a 30% decrease from the married household rate back in 1949. 8.3%. The population rate of households with divorcees also rose to an average of 9% from 8.1% in 2013.
As for the nation’s actual divorce rate, it fluctuates from 40% to 50% each year. This means that about four to five in 10 married couples choose to dissolve their marriage.
If you’re thinking of getting a divorce yourself, it’s best you know the simplest types of divorce. After all, you don’t want your marriage dissolution to end up as a legal battle.
On that note, we made this guide explaining the basics of divorce types in the US. Read on to learn what your best options are so that you can end your marriage in an amicable way.
Before 1970, married couples in the US had to provide a reason for getting a divorce. This “reason,” also known as “grounds,” may have been due to adultery, abandonment, or cruelty.
It was only in 1970 when California implemented the no-fault divorce law. From there, all other states followed suit. As such, married couples can now get divorced in any state without having to prove fault.
With a no-fault divorce, a spouse can file for divorce without the need to blame the other. Since there’s no need to point fingers, the result is usually an amicable divorce. Spouses can simply state they want a divorce due to irreconcilable differences.
Irreconcilable differences may be due to never-ending disagreements or lack of intimacy. Other examples are personality conflicts, trouble with communication, or loss of trust.
A divorce becomes “default” if the other spouse doesn’t respond to the divorce petition. States have varying time frames at which served spouses can give a response. For example, in California, served spouses have 30 days from the day they get served to respond.
When spouses receive a divorce petition, they can respond by not agreeing to it. In this case, the divorce becomes a “contested divorce.” They can counter the other party’s statement, such as claims about irreconcilable differences.
Such disagreements can quickly turn into a lengthy, complicated legal battle. That’s why a contested divorce is one of the most expensive kinds of divorce.
An uncontested divorce is when both spouses agree to dissolve their marriage. They see eye to eye on issues like custody, visitation, child support, and alimony. They also accept each other’s say on dividing conjugal property.
For this reason, a no-fault divorce can be a form of uncontested divorce since both spouses agree to it. The up-front agreement and lack of conflict also help simplify the proceedings.
Since couples don’t need to battle things out in court, both parties get to save time and money, too. That’s why an uncontested divorce is one of the simplest, quickest ways to dissolve a marriage.
Not All Types of Divorce Have To Cause More Pain
Uncontested no-fault divorce is no doubt the simplest form of all types of divorce in the US. It causes the least stress and tension, which is also why it’s the “cheapest” way to dissolve a marriage. As such, if you’re considering getting a divorce, this should be your first and primary option.
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