Getting a divorce can be bad enough, let alone all of the details, meetings with divorce lawyers, deciding how to split assets, talking about child custody, and many other issues that can arise throughout the process. Of the many decisions, couples seeking a divorce and their attorneys will need to determine which type of divorce best fits their specific situation and the needs of each party. There are several types of divorce, including:
- Uncontested and Contested Divorce
- Fault and No-Fault Divorce
- Collaborative Divorce
- Summary Divorce
- Default Divorce
If you and your partner have decided that a divorce is the best course of action, the divorce lawyers at Self & Spurgeon Legal Group want you to know that we are here to help. Our professional legal team will never pass judgment and are dedicated to offering expert support and guidance to help you get through this difficult time. We have helped couples throughout the Oklahoma City area file for divorce, and we understand how emotional and overwhelming the process can be, but together, we can make the process as quick and efficient as possible.
5 Main Types of Divorce
Even though getting a divorce is never ideal, an uncontested divorce is possibly the most ideal route to take if possible. An uncontested divorce is one where both parties are able to come to an agreement regarding the division of property, child custody, division of financial assets, and other issues. An uncontested divorce doesn’t need a judge to make any decision that is in dispute.
Even if you and your partner are able to agree on various issues, it’s still advisable to consult with a divorce lawyer who can walk you through the process and other details you may not be aware of. For example, you may be able to receive alimony after the divorce, or you may have a right to a certain amount of retirement benefits. A consultation with an attorney can shed light on these rights.
The opposite of an uncontested divorce is a contested divorce, when the parties involved are not able to reach an agreement on various issues. These divorce cases can be messy and complicated, often involving settlement negotiations and hearings. If the parties are unable to reach an agreement, the issues may need to be brought before a judge for a court trial.
Fault and No-Fault Divorce
California was the first state to pass a no-fault divorce law in 1970. Before then, in order to receive a divorce, one party had to prove that the other was at fault. Grounds for divorce included adultery, desertion, or physical abuse. Today, no-fault divorces make it easier for couples to get divorced, and there doesn’t need to be any proof for why the marriage is ending. Couples can simply state incompatibility, irreconcilable differences, or an irremediable breakdown of the marriage.
Just as it sounds, both parties will work together, or collaborate, along with their respective divorce attorneys, in order to settle the case. Collaborative divorces require a level of civility so that each party can attend meetings (which take place outside of court) to negotiate the specifics of the case. Each party will need to disclose all relevant information so that negotiations are fair for everyone involved. If a settlement cannot be reached, new lawyers will need to be hired who can then take the case to trial.
Also known as a simplified divorce, this type is typically reserved for couples who haven’t been married for long (usually five years or less), don’t own any property, who do not have children, and do not have a significant amount of joint debt. These conditions allow the case to be a much quicker process, with less paperwork and fewer complications. The paperwork will need to be filed jointly with the court, but there typically are only a few forms. This type of divorce can be done without the guidance of an attorney, but like uncontested divorces, it’s always best to consult with a lawyer who can advise you on your rights.
Although uncommon, a default divorce may be granted when one party does not respond to divorce papers. This situation may occur when one party leaves for whatever reason, doesn’t return, and cannot be found. The court may issue a default divorce even though the absent party does not participate in the process.
Whatever your situation may be, the divorce lawyers at Self & Spurgeon Legal Group in Oklahoma City want to guide and support you through the process. With years of experience and a team of knowledgeable and skilled attorneys, you can be confident that you’re working with a team who will do what they can to achieve the desired outcome. We offer a full range of legal services, including child custody, child support, debt and asset division, alimony, and more. If you have decided that divorce is best for you, don’t hesitate to contact the Self & Spurgeon team today for a free 15-minute phone consultation.