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Different types of Divorce Cases

If you are thinking about filing a divorce case then you must consider this article as it will give you details of all the types of divorces that you should know before filing one. There are several different types of divorce cases that are filed in the United States — a number of which can be amicable, and a few of them are highly conflicted.

According to many surveys it has been estimated that approximately 40 to 50% of marriages end with divorce in The United States. Every year this data fluctuates and as per some surveys it has been said that this percentage is declining from the year 2000. The elements surrounding a wedding can significantly have an effect as ending in the form of divorce.

There is some more information which is given by Divorce Lawyers Cumming that can shock you. Have a look at this –

Did you know?

  • There had been 827,261 divorces finalized in 2016 withinside the United States. In the same year the count of marriages was approximately 2.2 million.
  • After every 13 seconds, a divorce case has been filed in the United States.
  • Each time you remarry, your probabilities of divorce move up. In fact, there is a huge difference in the divorce rates of first and second marriage, in the first marriage approximately 41% chances are there for divorce while in the second marriage there is an increase of 21% this means there are approximately 62% chances of divorce. And if someone is planning for a third marriage then he or she should know that it has a whopping 73% chance of marriage will end in divorce.
  • In the United States, on average, a first marriage lasts longer than 8 years.
  • 66% of divorces are filed through women.
  • Only a dozen states recognize general law of marriage withinside the U.S.

Different category of Divorces in the United States

Divorce Lawyers, Cumming explains 7 different categories of divorce that are most common in the U.S.

Type 1 – Fault and No-Fault Divorce

It was that withinside the U.S., one needed to show fault to be granted a divorce. The situation of Divorce happens because of adultery, abandonment, and different elements that made staying in a relationship tough. Today, maximum states have “no-fault” divorce statutes. Certain states offer the “fault” alternative further to the no-fault state of affairs. Overall, no-fault divorces are actually the most common process in the United States because this is one of the trouble free and easy processes that allows those couples who are not bound with any type of limitations like division of certain assets, properties, or kids.

Type 2 – The Uncontested Divorce

According to the Divorce lawyers, Cumming, an uncontested divorce is a collaborative alternative wherein both the partners collectively outline divorce phrases. In general both the parties have to complete their work of documentation within the courtroom separately and attain non violent consensus, where the court works as an officiant of the settlement. In this kind of divirce certain steps can be neglected such as hearings, agreement negotiations or different processes of court that are mandatory in other types of cases.

Type 3 – Arbitration

Sometimes both the partners who are about to file divorce can’t come to a settlement on their own, however additionally they now no longer need to take it to probate the courtroom docket. In those instances, they’ll choose arbitration. In this type of scenario, there is a private judge called an arbitrator who helps the couple to handle the case. He/she listens to the cases of both the parties as a non-biased outer party, creating a ruling just like a judge does in the courtroom.

Type 4 – Mediation

Out of the several other types of divorces that are filed in the United States, mediation has a tendency to have the least quantity of battle. While a few couples need to be agreeable and negotiate the phrases in their divorce peacefully but still they will require to take help from someone who knows the procedure very well. This is wherein mediation comes in.

This differs from arbitration in that a mediator does no longer make any decisions, as a substitute she or he allows hard conversations in an established environment to permit the divorcing couple to attain consensus. The last intention is a settlement which can then be finalized before presenting everything in the courtroom in front of the actual judge. The fees of a mediator is also very less as compared to those lawyers that are hired by both the parties.

Type 5 – Collaborative Divorce

Collaborative divorce is another common type of divorce method which does no longer require courtroom docket involvement. In this situation, both the partners maintain their very own legal professionals. The attorney which is to be chosen for this work has a specification in collaborative law. Here both parties need to sign an agreement at the start of this procedure, which is mandatory as it shows that spouses will work together peacefully to make a final decision.

In such a situation, a lawyer can withdraw anytime from the case if any member of the parties dishonor the agreement. This work as a motivation trigger for spouses to work peacefully in the whole procedure to reach an agreement quickly.

Type 6 – Default Divorce

In a few divorce situations, one of the partners doesn’t get involved in any of these procedures and sometimes even doesn’t react to the petitions filed by the opposite party. In such instances, the courtroom docket offers the divorce “through default”, without the requirement for the estranged partner to be present.

Type 7 – Summary Divorce

When there is a couple who shows maturity and is ready to cooperate in the entire process of divorce then summary divorce proves to be the best. This is an easy divorce alternative for spouses that are not bound with any limitations such as properties, other assets, or kids. In general, this case is seen in couples who have married recently or are living together for a short period of time. In this type of divorce, there is a need to fill out some information by both the parties and submit a few forms. To use this option, rules vary from state to state, the duration of marriage and limits of property depends on your state rules and regulations.

 


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