Posted on: 10 March 2020
Are you planning to ask your spouse for a divorce in the near future? If so, it helps to be aware of the different types of divorce that can result from ending a marriage.
A contested divorce happens when you and your spouse do not come to an agreement about the terms of settling the divorce. The disagreements can be about small things such as how to distribute some of your shared assets, or as big as deciding child custody arrangements. No matter what you are undecided about that warrants a contested divorce, it will need to be settled in mediation or a trial. A trial will only happen if there are things that you cannot come to an agreement on in mediation, which is why many couples eventually work out the fine details in mediation where they have final control over the outcome.
An uncontested divorce is when you and your spouse mutually agree to the terms of the divorce. You may have worked out the fine details of the divorce before even agreeing to see a lawyer and only use their legal services to formalize the divorce proceedings. Some couples do this if they mutually agree to end the marriage and want to save money on the divorce proceedings, and some states even allow you to both be represented by the same lawyer.
The purpose of an annulment is to make it as if the marriage never happened when it comes to being recognized by the law. This happens if the marriage is fraudulent, which can happen if someone lied about their age at the time they were married. Annulments can also happen if it is later discovered that one person is still married to another person when their second marriage occurred. What makes an annulment unique is that alimony will not be given to anybody, which is why some people seek out this type of divorce.
While a legal separation is not the same as any of the three previous types of divorces, it has advantages that may make it appealing to you. With a legal separation, each spouse is hopeful that the marriage can be reconciled down the road, and they are not allowed to get married to another person. Spouses can also maintain certain benefits, such as qualifying for a health insurance policy from a spouse's employer. A judge is sometimes brought in to decide things such as child custody, but may not be necessary if the parents find a custody situation that works for them.
For more information, contact a divorce lawyer.Share