The Two Types of Divorce You Should Know About
Divorce is the legal dissolution of a marriage that has to be approved by a court or other authority. People get into marriage with the best intentions, but sometimes, it doesn’t work out. If a married couple wishes to divorce, there are several options available to them.
There is no statute of limitations for filing a divorce. However, it is important to have a lawyer to take care of the divorce process because it can be very taxing to deal with on your own. It’s important to understand the options available to you so you can choose the best path for your life. Here are two types of divorce you should know about before filing a divorce.
Fault Divorce
For a divorce to be accepted in court, you have to provide clear evidence. This is where fault comes in. When a divorce is being filed due to the actions of one spouse, it is called a fault-based divorce. It means that the spouse committed some action to cause the breakdown of the marriage or failed to act appropriately to keep the marriage intact.
Common reasons that are cited for a fault-based divorce include:
- Adultery
- Domestic violence
- Abandonment
- Substance abuse
- Criminal conviction
It’s important to note that a fault-based divorce can be emotionally taxing. It takes longer to settle because evidence that proves the fault allegations has to be submitted, and a judge has to review this evidence. Opposing counsel has the opportunity to defend against these allegations. A contested or fault-based divorce can get pretty expensive and drawn out, which is why many people settle for a no-contest divorce.
No-fault Divorce
A no-fault divorce is one where no error has been committed, but the couple wishes to separate on mutually agreed-upon terms. Some states only accept a no-fault divorce. The reason cited for this type of divorce is usually “irreconcilable differences” or “irreparable breakdown.”
Some states require that a couple live separately for a period of time before the divorce can be finalized. In some cases, the couple may be required to attend counseling to see if they can solve their differences before the divorce is finalized.
Points to Note
Residing State: It’s important to note that certain conditions must be met for the divorce papers to be accepted in court. Most states require that the couple be residents of that state for a period of time to be able to file for divorce there.
A divorce is considered valid even if only one spouse has been a resident of the state for the stipulated period and the other isn’t. All states will recognize a divorce filed in this way.
Default Divorce: After a person has been served divorce papers, they have to respond within 30 days; otherwise, their spouse can file for a default divorce. It basically means the divorce was granted due to a lack of response.
Contempt of Court: A similar deadline is applicable for responding to evidence if the divorce is being litigated. The defending party has to respond within the stipulated time, or they can be held in contempt of court.
Conclusion
In conclusion, divorce is an option for those who no longer wish to be in a marriage. However, for this process to be legalized, the parties involved have to prove that they have reasonable cause to request a divorce. Failure to do so would result in the divorce not being granted.
Different states have varying laws on divorce; some may only grant a no-fault divorce, and some may require the couple to live separately for a time period before granting divorce. For a state to grant a divorce, the person should have been a resident of the state for the stipulated time period.
It is important to be aware of the laws that apply to your state and to have solid evidence to back you up if you wish to file for a contested divorce. A lawyer’s assistance is key in these cases, as their knowledge can simplify and speed up the process for you.
