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It’s a common misconception that all divorces are the same. While all divorces do require certain signatures, the division of assets, and particular forms, there are many different types of divorce that are filed. From uncontested divorce in Daphne, AL, to no-fault divorce, here are just a few of the many different categories when filing for dissolution of marriage. No-fault divorce. Prior to the 1970s, divorce wasn’t permitted unless one party was found at fault. In order for a divorce to be granted, proof that adultery, abuse, or desertion was necessary. Luckily, these laws have changed. It is no longer necessary to prove that either party is at fault. Even if there is a particular issue that has led to the dissolution of marriage, most states don’t require them to be stated in the divorce proceedings. Instead, you can site something as simple as “irreconcilable differences” or “incompatibility” to avoid pointing the blame at either party. These types of divorce are considered “no-fault” because it’s not necessary for there to be any reason for the divorce. Presently, most divorces are considered no-fault. Uncontested divorce. An uncontested divorce is the most amicable way to dissolve a marriage. In this situation, the spouses come to an agreement without the help of mediation or the courts. Instead, the division of property, financial distribution, and child custody are resolved without any contention. It usually indicates that neither spouse wishes to dispute any of the points of the agreement. An uncontested divorce is usually granted fairly quickly simply because there isn’t a need to negotiate or argue. Simplified divorce. This type of divorce is also called summary divorce in some areas. In order for a divorce to be considered simplified, it must also be considered uncontested and no-fault. Usually, a marriage only qualifies for this type of divorce if it has been short in duration and has very few marital assets to divide. There usually aren’t children involved in a simplified divorce. Typically, a simplified divorce is granted within 30 days of filing. Depending on the rules of the state, there may be specific regulations governing who qualifies for this type of divorce. Collaborative divorce. In the event that neither spouse is willing to communicate with the other, lawyer should be called. With a collaborative divorce, each party hires their own attorney. All four parties then meet together to negotiate and review the terms of the divorce settlement. Mediated divorce. With a mediated divorce, the spouses decide to hire a mediator. This unbiased third party helps to communicate between the two spouses and reach an agreement. The decisions made with a mediator are legally binding. There is no right way to file for divorce. Because divorce isn’t a “one size fits all” scenario, it’s important to evaluate your situation with your spouse. It’s also important to hire an attorney to help you to understand which type of divorce is right for you. Whether you choose an uncontested divorce Daphne, AL , or a simplified divorce, with the help of an attorney, you’ll be able to achieve the best outcome.
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