Types of Divorce

Divorce is a general term, and there are various types of divorces that different states recognize. A few of the different types of divorce include:

No-fault divorce. A no-fault divorce does not require either party to prove a fault on the part of the other. Nearly every state, including Florida, has laws that allow for this kind of divorce now. It is the most common reason listed for divorce, and it takes various forms: irreconcilable differences, incompatibility, and irremediable breakdown of the marriage. New York is the only state to require an at-fault divorce, in which one party must allege and prove a fault on the part of the other to obtain a divorce.

Summary divorce. A summary divorce, often called a “simple” divorce, requires the couple to meet some requirements and agree to many terms beforehand. Some of these requirements are a short marriage, no children (or having a custody agreement in place), no mortgage, etc.

Uncontested divorce. Upwards of 95% of all divorces in America are now uncontested. This means that the two parties are able to agree, sometimes with the help of lawyers or mediators, regarding the issues of children, property, debt, etc.

Collaborative divorce. This is becoming more popular, as couples negotiate the terms of a divorce with the help of legal counsel that is specially trained in mediation and divorce matters. It can also involve an independent financial specialist to advise both parties.

Mediated divorce. Mediated divorce is very similar to a collaborative divorce, except that the mediators involved can be attorneys with a lot of divorce experience, or an independent mediator who can give advice. Mediated agreements have significantly higher adherence rates and are often cheaper than litigation.

For any issues concerning a potential divorce, contact the West Palm Beach divorce attorneys of Eric N. Klein & Associates, P.A. at 561-353-2800.