There is not just a single way of getting divorced. The difference can be in law, like no-fault or fault, or in a way you and your spouse approach it, like contested, uncontested, or default. This post describes the different types of divorce briefly in general terms.
In lots of states, an advanced divorce process is available for the couples who have not been married for long (five or less years), don’t have much property, children, and significant joint debts. In this, both spouses should agree to divorce, and must jointly file court papers. A summary divorce involves lesser paperwork than other kinds of divorce—just a few forms. For this reason, the summary divorce is easy to do by yourself, without the assistance of a divorce attorney San Diego.
The top choice, if you easily can make it, is the uncontested divorce. That is the one wherein you as well as your spouse work to agree on terms of the divorce, and file the court papers agreeably to make your divorce occur. There won’t be any formal trial, and thus you probably will not need to appear in court ever.
Court can grant a “default” divorce if you file a divorce, but your spouse does not respond. Even if your spouse does not participate in a court proceeding at all, divorce is granted. A default divorce may happen, for instance, if your spouse left for strange parts and cannot be found.
In a mediated divorce, neutral third party, known as a mediator, sits with you as well as your spouse to attempt and help you solve all the problems in your divorce. A mediator does not make any decision; that is up to your spouse and you. Instead, this mediator helps you to communicate with one another until you come to a decision.
The collaborative divorce includes working with attorneys, but in different ways from the general expectation. Your spouse and you each hire attorneys who are trained and experienced to work agreeably and agree to try and settle your divorce case. Both of you agree to disclose all information that is necessary for reasonable negotiations, and meet with both lawyers and each other to discuss settlement.
In the arbitration divorce, you and your spouse agree that you will hire a good private judge, known as an arbitrator, in order to make same decision which a judge could actually make, and you’ll honor that arbitrator’s decisions fully just as if any judge had made it.
If you and your spouse argue a lot over child custody or property that you cannot come to any agreement, and as an alternative, take these problems to the judge for deciding, you have what is known as a contested divorce. In this, you will go through a procedure of exchanging information, hearings, settlement negotiations, and even then if you cannot resolve the case, a court trial. Talk to a divorce attorney a Diego, if it sounds like your own situation.