If your marriage has come to an end, you must be going through the most challenging time of your life. Most couples marry for life, but marital problems arise, necessitating a divorce. Divorce can be complex, especially if things do not end well with your partner. However, a skilled divorce attorney can help you streamline the process and ensure that your best interests are served. Your attorney will listen to you, review your case, provide advice, and guide you through the divorce process until you obtain a favorable outcome. Most importantly, they will walk you through the various types of divorce and discuss the best options for your specific situation.
Different Divorce Types To Consider
If you are considering divorce, you must be well-prepared before filing your papers in a family court. Preparation begins with determining the best kind of divorce for your situation and gathering all the supporting documents required to file a successful petition in court. Your divorce attorney can guide you through this process to ensure everything is done correctly and on time. Regarding divorce, one size (or type) does not fit all. That is why you need the assistance of an attorney to understand what each kind of divorce entails and which one is best for you.
To assist you in making an informed decision, here is a detailed description of the various types of divorce you can file today:
Contested Divorce
If you cannot agree on specific issues in your marriage as a couple, you will most likely file for a contested divorce. For example, it can be challenging to agree on custody, visitation, and child support if there are children. Some couples cannot agree on property division and family debts. If you cannot agree on significant issues following your divorce as a couple, the judge will decide on the matter after reviewing your testimony and evidence. In that case, you will seek a contested divorce.
This divorce can be highly stressful for everyone involved, including the children. It is also costly and time-consuming. You will have to go through a long and time-consuming process of sharing relevant and financial information with your attorneys. Before the conclusion of your case, you will need to attend court hearings to agree on critical issues like child support, child custody, and spousal support. Trials like these can take weeks or months.
If, after all of the lengthy processes, you can still not reach an agreement outside of court, there could be a trial in which the judge will make a final decision on your case. But, before that, you could agree to work with a mediator to avoid the harsh court decision and save money. Remember that a judge’s decision will be final. A divorce mediator who is an experienced and skilled divorce attorney can help you attain a fair outcome.
Uncontested Divorce
An uncontested divorce is one in which there are no or few problems to resolve before the dissolution of your marriage. Before filing for an uncontested divorce, you can resolve all disagreements with your partner on critical matters like child custody, child support, visitation, spousal support, and community property division. If that works, you will include your settlement agreement in the separation agreement, which you will file with your petition to dissolve your marriage in a family court. An uncontested divorce is peaceful because there is nothing to battle for in court. When compared to a contested divorce, it is less stressful and costly. You will not have to agree with the judge’s difficult decision.
However, to file for an uncontested divorce in court, you and your partner must work with your attorneys or a mediator to reach an amicable agreement before going to court. Your attorneys will advise you on resolving your problems in the best interests of all parties involved. Once the issues have been resolved, you, your partner, or both can file a divorce petition in court. Because there are a few issues to discuss during your divorce hearing, the judge can settle your case quickly. As a result, an uncontested divorce saves you time, effort, and money. It is also not emotionally taxing.
Summary Divorce
If the couple has been married for a long time, the divorce process could take longer and cost more money. Couples who divorce after several years of marriage could have attachments and significant matters to resolve before dissolving their marriage.
For example, there could be issues with children, marital property, and alimony. However, for couples who have only been married for a few years, there can be minor problems to resolve before the dissolution of their marriage. They can then file for a summary divorce.
Summary divorce is also known as summary dissolution or simplified divorce. It is the best type of divorce for couples with few issues to settle before dissolving their marriage. That could be because they have only been together for a short time. These couples typically do not have children, do not own more property, and do not have substantial joint debts. It is easier for them to reach an agreement and file a divorce petition together.
Summary divorce can be less stressful and less time-consuming. It requires less paperwork and can be completed without the assistance of an attorney. To file a summary divorce in court, simply agree on all issues concerning your marriage and dissolution. Then, file the necessary paperwork, and attend the final hearing in court.
Pro Se Divorce
You can represent yourself or hire a divorce attorney when going through a divorce. There is no legal requirement for you to have legal representation. Most people hire a divorce attorney for legal advice and guidance and to protect their rights. However, some people choose to represent themselves, primarily to save money on attorney's fees. In some cases, representing yourself in a legal proceeding is a good idea.
If you want to represent yourself in your divorce instead of hiring an attorney, you can file for a pro se divorce. In this case, you must agree with your partner to represent your interests in court without the assistance of an attorney. Because having an attorney in a divorce case is not always required by law, any kind of marriage dissolution can become a pro se divorce.
However, weighing the benefits and drawbacks of hiring an attorney in this type of legal proceeding is necessary before making a final decision. A pro se divorce can be an excellent option if you are filing for an uncontested divorce. You can proceed without an attorney if you and your partner have resolved all critical issues and there is nothing left to fight for in court. However, hiring an attorney is a good idea if there are numerous matters to resolve or you are concerned about your ability to speak for yourself in court. An attorney can assist you if you need more time to file the necessary paperwork and learn all court rules.
Default Divorce
The procedure for filing for divorce varies from state to state. However, in all states, the process begins with one spouse asking the other for a divorce, followed by the spouse filing a petition in court and their partner responding to the petition. If the process goes smoothly and there are few problems to resolve, a couple can quickly dissolve their marriage and start their lives over.
However, there are times when one partner or respondent becomes uncooperative, and the judge must decide without their participation in the process. This is referred to as a default divorce.
If you file for divorce and your partner does not respond to your petition, divorce becomes a default. That could happen if your spouse does not receive the divorce papers because you did not serve them properly. When the applying spouse does not know how to reach the respondent, it can be challenging to serve the respondent with divorce papers after filing a petition in court. Even after receiving a divorce notice, some partners simply fail to respond and cooperate.
The law requires you to attempt to serve your spouse with divorce papers. If that fails, you must seek the court's approval to notify your spouse about the divorce through publication. If your efforts fail to elicit a response from your partner, the judge can issue a default verdict in your case without them. Family court judges can grant applicants divorce even if their partners have not responded or participated in court proceedings.
Fault and No Fault Divorce
Divorcing couples were initially required to provide grounds for dissolving their marriage. For example, the divorce applicant was required to explain why they wanted to divorce their partner. Cruelty and adultery were two valid reasons for divorce. Every state now has laws that specify the grounds for divorce. The judge can deny the petition if there is no good reason to divorce your partner.
Family courts are now offering no-fault divorce. Even if they want to end their marriage, some couples do not wish to accuse each other of wrongdoing because it can cause complications during the divorce process. In that case, they can file for a no-fault divorce. However, since the law requires the divorcing couple to provide grounds for ending their marriage, family law court judges allow divorce on the grounds of irreconcilable differences. In this case, you do not need to state the exact reason you want to end your marriage, but you will have provided the court with some grounds for your marriage dissolution.
If your partner has wronged you, you could want revenge on them. This could cause you to make harsh accusations about the wrongs they committed against you while you were married. While you have the right to file for a fault divorce and provide all the information required, a contentious divorce is not always what you want. It is emotionally exhausting and could last for years. You can choose a no-fault divorce to protect your family's reputation and expedite the legal process.
However, filing for a no-fault divorce does not guarantee that your divorce will be uncontested. Before the judge issues the final verdict, you must resolve all marital issues with your partner. If that is not possible, you will file for a contested divorce and wait for the judge’s final decision.
Mediated Divorce
When filing a divorce petition, you could need the assistance of a third party to help you settle your differences. Alternative dispute resolution methods are usually available for couples with a slew of issues to work out before agreeing to end their marriage legally. For example, you could require assistance determining child support issues, alimony, property division, and even emotional issues related to your divorce. One way to accomplish this is to hire a divorce mediator.
A mediator is typically a trained individual unrelated to you or your partner. They will listen to your concerns and work with you to find a solution that benefits you and everyone involved, including your children. You can meet with the mediator several times before deciding on the issues you are dealing with as a couple.
However, the mediator's role is to assist you in reaching an amicable solution to your problems. They cannot draw any conclusions for you and your partner. They will guide you to ensure that you talk to one another until you resolve the final issue of your divorce. Once you have agreed on all your problems, the mediator can assist you in reaching a concession agreement. A mediated divorce almost always results in an uncontested divorce. You can speed up the dissolution process and save time and money by agreeing.
Collaborative Divorce
Another type of alternative dispute resolution method that you can use to settle issues between you and your partner before dissolving your marriage is collaborative divorce. Instead of meeting with a divorce mediator, you hire your own attorneys to represent your respective interests. In this case, it is best to hire an attorney who is well-versed in collaborative divorce issues. Your attorney must also be willing to collaborate with you to resolve your issues with your partner.
First, you must agree with your partner to reveal all information regarding your divorce proceedings to your attorneys. Then you promise to attend all collaborative meetings to resolve the issues.
In these cases, couples must agree that in the event the collaborative divorce fails, they will fire their collaborative attorneys and hire new ones to represent them before a family court judge. As a result, the couples and their attorneys will strive to act in good faith because they will lose a lot if they deviate from their primary goal.
Couples who are successful with collaborative dissolution also use mediation to resolve their issues before dissolving their marriage. However, this method works best when both partners are on the same level of power and have no serious underlying problems, like domestic violence.
Arbitrated Divorce
Arbitrated divorce is an alternative dispute resolution method that divorcing couples can use to resolve underlying issues in their marriage and seek an amicable divorce. However, arbitrated divorce is only permitted in a few states.
Arbitrated divorce is conducted through an arbitrator and takes the form of a trial. A trained judge or attorney must serve as an arbitrator (even a retired judge can do). After hearing and reviewing evidence about your marital problems with your partner, they will give a verdict that you and your partner must agree on.
On the other hand, arbitration is usually informal, taking place in less intimidating settings for the couple. You could have yours in the office of your arbitrator or anywhere else you want as a couple. You will have the freedom to select meeting locations and times convenient for your schedule.
Arbitration divorce is also less expensive than court trials. However, you must accept the arbitrator's decisions on all issues raised during the proceedings. Their decision is usually final, but once your marriage is dissolved, you or your partner can appeal it. However, by agreeing to arbitrate, you waive your right to file an appeal against the arbitrator’s final decision. In that case, you could be forced to live with a disagreeable decision.
Find a Competent San Diego Divorce Lawyer Near Me
Divorcing couples go through a difficult time when their marriage ends. It can be easier if there are a few unresolved issues on which you need to agree. While settling some of these issues before filing for divorce is preferable, this is not always possible, mainly if there have been fights with your partner. That is why you require the assistance of a divorce lawyer. Your attorney will evaluate your situation and advise you on the best kind of divorce to pursue. They will also defend your rights and fight for your best interests. We can accompany you on this challenging journey at San Diego Divorce Attorney. We will only leave you once your situation is resolved favorably. Call us at 858-529-5150 to learn more about our services and rates.
