What is an 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 may not 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.
What is a 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 after a trial.
Couples who go through this type of divorce often have to go through settlement negotiations and hearings to try to resolve their issues. If no agreement can be made, a court trial is often necessary. Because of the complexity of a contested divorce and the legal proceedings it entails, it can be helpful to have a lawyer represent you.
How does collaborative divorce work?
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 to 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 may take your divorce case to trial.
A 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.
When can I get a 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.
Do I qualify for a summary divorce?
Many states have what is 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 fairly straightforward.
If you have more questions about divorce, reach out to a Rocket Lawyer network attorney for affordable legal advice.
Please note: This page offers general legal information, not but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.
