Written by Admin | Dec 31, 2019 6:00:00 AM
Many couples, if not all of them, begin the divorce process without knowing their options, which can make the process even more difficult. Whether you were married for a few years or a few decades, divorce is undoubtedly a difficult process. Don’t waste time pursuing a type of divorce that doesn’t make sense for your situation. To help you get through the divorce process quickly, we’ll cover many of the options available to you. Keep reading to learn the different types of divorce in the United States—that way, you can go into the divorce process prepared.Most states only accept no-fault divorce, but a few states still require someone to be “at fault.” An at-fault divorce means that the spouse filing for divorce must prove that the other spouse is responsible for the dissolution of marriage, whether that’s through their spouse’s actions, words, lifestyle, and so on.Alternatively, most states recognize that each spouse is responsible for their marriage, which also means they’re equally responsible for the divorce. A no-fault divorce is among the most common because it requires each spouse to have their own attorney and go to court.As you can probably tell by its name, a summary divorce is one of the fastest and easiest divorces to complete. The reason a summary divorce is so simple is because each party is likely to cooperate with the process, and they often face few roadblocks that hold the process up. For example, a common summary divorce scenario would be a couple that has not been married very long—just note that the time frame can vary by state. In addition, these couples usually have minimal assets and no children in the mix.In a perfect scenario, you and your spouse would work together to discuss and agree upon the divorce details. This would be an uncontested divorce, where you and your spouse can peacefully come to an agreement. In these cases, when the couple is able to calmly work together, the divorce can be over and done with quickly. However, this situation tends to be uncommon, and many couples choose to proceed with a contested divorce. This involves more court hearings, paperwork, negotiations, and so on. Contested divorces are especially common between couples with children because of their differences in parenting styles and desires. Additionally, this type of divorce is common when each spouse has significant assets such as net worth because the parties don’t feel their spouse should have a piece of their wealth. Therefore, the negotiations begin.Most couples want to avoid going to court to avoid the cost and hassle. However, if they can’t avoid court through agreeing on the terms of the divorce, many of them will choose mediation. The process is unique because a mediator acts as a neutral party between spouses—that is, the mediator does not favor once side over another. Many people tend to misinterpret the process of mediation and assume the mediator will make decisions for them, which is incorrect. Instead, the mediator will guide the conversation between the couple and hopefully help them reach an agreement on their own.Alternatively, some couples choose the route of arbitration—a form of litigation. Like mediation, this process occurs outside of an official court, thus saving on court costs. However, instead of a neutral party simply guiding the conversation, the arbitrator will make a decision based on each spouse’s arguments and concerns.Another option that avoids traditional court hearings is collaborative divorce. In this scenario, there is not a neutral party; each spouse will work with their individual attorney. When a couple chooses the collaborative divorce route, they both sign an agreement stating their cooperation to reach an agreement together. However, the catch is that if they do not reach an agreement, the attorneys will remove themselves from the case, and the couple has to start the process from the beginning. This may sound intimidating, but couples can use it as an incentive to work together.Since the Supreme Court legalized same-sex marriage throughout the United States in 2015, more law firms have begun offering same-sex divorce services. As equality improves, most same-sex couples can use any of the previous types of divorce.In some cases, a dissolution of marriage isn’t the best choice for some couples. Whether it’s for financial reasons or religious or personal beliefs, some couples don’t want to get a divorce. Instead, couples can choose a separation agreement that allows each individual to remain legally married while living in separate homes.As you may have noticed, many of the different types of divorce in the United States attempt to solve divorce outside of court. There are a few reasons for this: first, the cost of going to court quickly adds up. Second, most couples don’t want to fit court meetings into their already-busy schedules. In other words, traditional court hearings are inconvenient and tedious. Lastly, if spouses can work together peacefully, they’ll be much happier and the process will be smoother.Before you choose which type of divorce you’re going to proceed with, you must consult an attorney. Even if you choose a route that doesn’t necessarily need an attorney, you should have a professional you can refer to. Your attorney will help you organize your goals and documents and direct you to a solution that’s in your best interests.At Schiller DuCanto & Fleck, our attorneys are experts in family law, ready to discuss your options. Our goal is to help you identify the best option for you and get you through the process quickly. Whether you’re looking for an attorney to assist you through divorce or file a separation settlement agreement in Chicago and the surrounding areas, our attorneys have a wide arrange of abilities. We proudly support LGBTQ, child support, alimony, and traditional family law cases. Contact us today for more information.