Divorce is a stressful and overwhelming situation, and it is the last thing that any couple wants to go through. Unfortunately, not only is divorce extremely emotional, but it is also legally complicated. The divorce process can be emotionally draining for all family members; it is a delicate situation that must be handled with care. Sitting across from your partner through divorce negotiations can lead to heated conversations, which is where the skills and experience of a men’s rights divorce lawyer can be invaluable. There are many different types of divorces, but your attorney can guide you through the most suitable option for you and your spouse. Here are the various types of divorce cases.
Arbitration
When a couple is divorcing and doesn’t want to go to court, but cannot come to an agreement on their own, they may consider arbitration. This option means that a private judge, known as an arbitrator, will be a neutral party that takes both sides of the facts into account and makes the decision. The ruling of the arbitrator is as valid as the ruling of a judge in court. There are advantages and disadvantages to an arbitration divorce. The advantage is it is a less formal setting than a courtroom and it is generally more cost-effective than a court “controlled” divorce hearing. The primary disadvantage is that because at the beginning of the arbitration process you give up your right to an appeal, so the decision made by the arbitrator is final.
Mediated Divorce
One common choice for partners that cannot agree on the detailed points of their divorce, but want to avoid court is mediation, which is similar to arbitration. Mediated divorce consists of a neutral third party that will listen to the side of the story from both spouses. However, in a mediated divorce, unlike arbitration, the mediator doesn’t make any of the decisions; instead, they facilitate communication between the couple in order for them to come to an agreement that will be used by the judge to determine the final divorce judgment.
Uncontested Divorce
An uncontested divorce is an ideal case because both parties work with their own divorce lawyer to develop the divorce agreement. The process of an uncontested divorce consists of both parties filing separate paperwork with the court and they both agree on the terms, including alimony, child support, custody and visitation, and the division of property. All of the agreed-upon terms are incorporated into a separation agreement and filed with the court and once the paperwork has been verified by the court, the case is settled, and the divorce is filed with the court. In many situations, you may not even have to appear in court, but instead, you will file a sworn statement (affidavit) with the clerk of courts. This is the quickest, least expensive, and simplest type of divorce, and if it’s a route that you’d like to consider then it’s perfectly easy to find lawyers that specialise in collaborative divorce in New York and elsewhere.
Contested Divorce
A contested divorce is often one of the most difficult types of divorce because the parties do not agree on the primary issues of the separation, such as the property division, child custody, and spousal support. The attorneys for each party will attempt to negotiate a settlement; however, if the parties refuse to agree upon the terms of the divorce, the case will go to court, and the judge will make a ruling on all of the contested issues. A contested divorce typically involves several hearings, settlement negotiations, and in many cases, a trial in an attempt to resolve the issues. Contested divorce lawyers are often necessary when one or both parties have a high net worth. Contested divorces are time-consuming, expensive, and extremely stressful. Both parties will be required to provide detailed information regarding their finances as well as other relevant information.
Default Divorce
A default divorce, also known as a divorce in absentia, means that one spouse files for divorce, but the other spouse does not respond. In many situations, the lack of response is because the non-responding party cannot be located. In this type of divorce, the judge may grant the divorce despite the other party not participating in the court proceedings. The court grants the divorce “by fault”, without the need for the consent of the non-responsive party.
Summary Divorce
A summary divorce is sometimes referred to as a simplified divorce and is one of the most common types of divorces in many states. A summary divorce is an especially common choice for marriages that last less than five years, when there are no children, the parties do not own much property and there aren’t significant joint debts. In summary divorce, both parties agree to the divorce and the terms of the divorce. This type of divorce requires a lot less paperwork than other types of divorce and the forms can often be downloaded from your computer. The forms are filled out and filed by both parties and generally do not require an appearance before a judge. Although this is the simplest type of divorce and the process can generally be completed by the couple, it is recommended that you consult with an attorney to read over the agreement and ensure that it is legal.
Collaborative Divorce
A collaborative divorce involves each party working with a collaborative attorney in order to come to an agreement without potentially going to court. However, if the case does not get settled with a collaborative attorney, the attorney must resign from the case and both parties will start the process over with new attorneys. In a collaborative divorce it is essential that both parties be cooperative and willing to negotiate the terms of a settlement; one that will work for both parties. This type of divorce generally requires a parenting specialist, financial expert, and divorce assist with the decisions, questions, and concerns of the possible settlement.
Whether you and your spouse are currently living in the same household, but one or both of you are considering a divorce or you are already living in separate households, it is recommended that you consult with an experienced divorce attorney. Your attorney will be able to answer any questions and concerns you may have about the divorce process, which type of divorce is recommended for your situation, and assist you with proper forms regarding divorce.
