Divorces can be just as complex as they are emotionally charged. Most people are under the assumption that a divorce is a divorce, but there are a few different types. There may be differences in the law, or in the way the couple approaches the divorce. Understanding the differences between the many types of divorce can help make the proceedings as quick and painless as possible.

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Uncontested Divorce

An uncontested divorce is ideal. In this case, you and your spouse will work together to come to divorce terms that you both can agree on and file the necessary paperwork. With an uncontested divorce, there will be no trial. In fact, you probably won’t have to appear in court at all. If you and your spouse can come to terms that you both agree on, an uncontested divorce is the best option. It’s one of the simplest types of divorce and will require less time and money to complete.

We can provide you with the Divorce documents you need and even offer advice from legal professionals to make your divorce as simple and stress-free as possible.

Contested Divorce

Contested divorces are often the messiest types of divorce. Couples who are unable to come to an agreement on property division or child custody can bring these issues to a judge to decide in a contested divorce.

Couples who go through this type of divorce will have to go through settlement negotiations and hearings to try and resolve their issues. If no agreement can be made, a court trial will be necessary. Because of the complexity of a contested divorce and the legal proceedings it entails, a lawyer will be necessary.

Collaborative Divorce

A collaborative divorce also involves working with lawyers, but not in a courtroom trial. Both you and your spouse will hire lawyers to work together and attempt to settle the case. This type of divorce requires the two of you to be fair and cooperative in order to succeed.

Both parties will disclose all information to ensure that negotiations are fair. Both parties must also be willing to meet with each other along with their lawyers to discuss a settlement. If the two of you are unable to come to an agreement, you both agree to withdraw your attorneys and hire new attorneys who will take your divorce case to trial.

Our Divorce Settlement Agreement can be used in a collaborative divorce to solidify your agreement on how to divide accounts, property, child custody, and any debts the two of you may share.

Default Divorce

If you file for divorce but your spouse never responds, the court may grant a default divorce. In this case, the divorce is granted even though the other party never participates in the court proceedings. While not as common as other divorce types, a default divorce may be granted if a spouse leaves without reason, never returns, and cannot be found.

Summary Divorce

Many states have what’s called a summary, or simplified, divorce. This is common with short marriages, typically those that last less than five years. Couples that are granted this type of divorce typically have little property, no children, and insignificant joint debts.

Summary divorces require significantly less paperwork and typically don’t require the help of a lawyer. In most cases, only a few simple forms are required that can be picked up from your local family court. While both parties must still agree to the divorce, the process is simple and straightforward.

Get started Start Your Divorce Answer a few questions. We'll take care of the rest.

Get started Start Your Divorce Answer a few questions. We'll take care of the rest.