Many people considering divorce don’t know there are multiple types of divorces. The different types are designed to accommodate the different circumstances couples find themselves in when looking to end their marriage. Each type is unique with some processes being quick and others being more drawn out. The most common types of divorces are:
- Uncontested divorce
- Contested divorce
- Simplified divorce
- No-Fault divorce
Uncontested Divorce
An uncontested divorce happens when both parties are in agreement about all vital aspects of the divorce. This includes how property should be divided, how child custody and visitation should work, and more. Because both parties are in agreement from the start or are able to negotiate amicably, uncontested divorces are generally quick and simple. It’s still important to contact an attorney for an uncontested divorce, however. A trap many people fall into is not contacting a divorce attorney, believing that it’s not necessary only to end up missing out on the rights to certain benefits they were not aware of. An attorney can ensure you are aware of all your rights and options before finalizing a divorce.
Contested Divorce
A contested divorce, as the name suggests, is a divorce in which both parties cannot agree on one or more vital issues. Unfortunately. Contested divorces can be lengthy, time-consuming, and very stressful. An experienced attorney by your side can help make the process easier.
Typically, a contested divorce will begin with mediation, where both parties and their attorneys sit with a neutral third party who helps the couple negotiate. Some couples find this process helpful and are able to successfully agree. Some couples, however, are not able to come to an agreement through the mediation process. In this situation, their case will be brought before the family law court and a judge will decide on the critical issues for the couple. Family law judges do their best to remain impartial and make a decision based on what is best for everyone, they are however at a disadvantage since they do not know either party personally and can only rule based on what is on paper.
No-Fault Divorce
Prior to the 1970s, a divorce could only be obtained by showing one spouse was at fault for something in the marriage that caused the marriage to turn bad. For example, fault could mean an affair or mental cruelty. With today’s updated laws, a divorce can be filed without having to prove the misconduct of one spouse. Most often when filing for a no-fault divorce stating incompatibility or irreconcilable differences is enough.
Simplified Divorce
California law allows for simplified divorces, also called summary dissolutions. A simplified divorce is a relatively simple way to end a short-term marriage. The requirements to be eligible for a simplified divorce are:
- The couple must have been married for five years or less
- The couple cannot own joint property
- The couple must have less than $4,000 in debts, with car loans being the exception
- Community property must be at or less than $25,000
- Individual property must be at or less than $25,000
In addition to the above requirements, a couple must prove that they have been California residents for at least six months at the time of filing.
Call Bremer Whyte Brown & O’Meara Today
While divorce is never easy, it is important to know which type of divorce is best for you so it can be as smooth of a process as possible. If you are considering divorce, call our firm today to learn what divorce option may be best for you and your situation. Our attorneys are backed by years of experience and are dedicated to finding personalized solutions to even the most complex problems
Don’t hesitate to reach out. Call us today to arrange a consultation with a member of our firm.