Did you know that there are different kinds of divorces? The type of divorce you choose has a big impact on how long it takes, how much it costs, and what you might be entitled to receive. Here's when you might want to choose each type of divorce.
Your Spouse Did Something Horrible and You Want Revenge
If your spouse did something horrible, like cheating, abuse, abandonment, or bigamy, you might want to file for a fault divorce. A fault divorce gets its name from the fact that you prove your spouse was at fault for breaking up the marriage.
In order to receive a fault divorce, you will need to prove that your spouse did one of the things mentioned above or ask your lawyer about other grounds for a fault divorce. Because divorce court is a civil court, you will need proof by a preponderance of the evidence. That just means that it's slightly more likely that your side of the story is true. If you were using a balance scale, it would need to be just barely tipped in your favor for you to win.
The benefit of a fault divorce is that some states alter alimony or property division awards in favor of the spouse who was not at fault. You also get the psychological benefit of having a court rule that your former spouse was in the wrong.
You Don't Want Anything Else to Do With Your Spouse and Want to Be Done With Them As Quickly As Possible
The fastest way to end contact with your spouse is to file a no-fault divorce. In a no-fault divorce, one spouse just needs to request the divorce. There is no proving anyone did anything wrong or debating whether a divorce should be granted.
In a no-fault divorce, the judge will move directly to deciding property division, alimony, and child custody and support, so the process is shorter than a fault divorce.
You Still Get Along With Your Spouse But Agree Marriage Isn't For You
If your marriage is ending amicably, consider a collaborative divorce. In a collaborative divorce, you and your spouse agree on all divorce issues and then file your settle agreement with the court.
Since there are no court hearings trying to get a judge to decide in your favor, your legal costs will be substantially lower.
To learn more about the different types of divorce and how to file for divorce, contact a local divorce attorney, such as Novenstern Fabriani & Gaudio, LLP.Share