Types of Divorce

No-Fault Divorce

No-fault divorce is available in all 50 states and is the most common type of divorce today. Key characteristics:

• Neither spouse has to prove the other did something wrong
• Grounds typically include "irreconcilable differences" or "irretrievable breakdown"
• Generally faster and less contentious than fault-based divorce
• Often requires a separation period before filing

Fault-Based Divorce

In fault-based divorce, one spouse alleges specific wrongdoing by the other. Common fault grounds include:

• Adultery
• Cruelty or abuse
• Abandonment or desertion
• Imprisonment
• Habitual drunkenness or drug addiction
• Mental illness or incapacity

Proving fault may affect property division or alimony in some states, but also requires more evidence and typically a longer court process.

Uncontested Divorce

An uncontested divorce occurs when both spouses agree on all major issues:

• Division of property and debts
• Child custody and visitation
• Child support
• Spousal support (alimony)

Advantages:

• Faster resolution (weeks to months)
• Lower costs (often no trial needed)
• Less emotional stress
• More privacy (less public court proceedings)
• Greater control over outcomes

Contested Divorce

A contested divorce occurs when spouses cannot agree on one or more issues. The court must resolve disputed matters. Characteristics:

• Requires more extensive court involvement
• May involve discovery, depositions, and expert witnesses
• Typically takes longer (months to years)
• Higher costs due to attorney fees and court expenses
• Judge makes final decisions on unresolved issues

Mediated Divorce

Mediation involves a neutral third party who helps couples reach agreement:

• Both spouses meet with a mediator (sometimes with attorneys present)
• The mediator facilitates discussion but doesn't make decisions
• Typically less expensive than traditional litigation
• Couples maintain more control over outcomes
• Can be used even in contested situations

Collaborative Divorce

Collaborative divorce is a team approach where both parties commit to reaching settlement without going to court:

• Each spouse has their own attorney
• All parties sign an agreement to negotiate in good faith
• May involve financial specialists, child specialists, and coaches
• If collaboration fails, both attorneys must withdraw and new attorneys are hired for litigation
• Promotes cooperative problem-solving

Summary Divorce (Simplified Divorce)

Some states offer simplified divorce procedures for couples who meet certain criteria:

• Short marriage (often under 5 years)
• No children
• Limited property and debts
• Both parties agree to the divorce
• Neither party is seeking spousal support

Summary divorce involves less paperwork, lower costs, and faster processing.

Default Divorce

A default divorce occurs when one spouse files for divorce and the other fails to respond within the required time period:

• The non-responding spouse loses the right to contest
• The court may grant the divorce based on the petitioner's requests
• Common when spouses have lost contact or one refuses to participate

Choosing the Right Type

Consider these factors when deciding which divorce approach is right for you: