3 Major Types of Divorce You Should Know About

The divorce process is challenging and emotional. It can also feel overwhelming and uncertain — especially when it comes to the legal proceedings.

Knowing your options is essential. More specifically, understanding the different types of divorce can provide well-needed clarity and peace of mind on how to move forward.

The attorneys at C. Alvarez Law in Orlando will break down all three. We’ll help you determine which path is best for your situation, as well as when you should consider consulting an experienced family law attorney.

What Are the Different Types of Divorce?

Divorce differs from a legal separation, and it isn’t a one-size-fits-all situation. Different types of divorce work better for different circumstances. Let’s explore the three main traditional divorce types in detail.

1. Uncontested Divorce

An uncontested divorce is when both spouses agree on all major issues. These commonly include property division and child support. It’s often one of the simplest and least expensive types of divorce and is common with no-fault divorces.

If both spouses can communicate and agree on key issues, this option is ideal, as it avoids the need for a lengthy court battle.

Advantages of an Uncontested Divorce

Uncontested divorces are generally less complicated than other types of divorce cases. It’s usually a more collaborative process as well since both parties agree on the major issues and final divorce judgment.

Most importantly, they are cost-effective. Fewer legal disputes mean fewer court appearances and lower legal fees. Moreover, uncontested divorces are processed faster. Without the need to resolve disputes in court, the final agreement is quick.

Generally speaking, uncontested divorce is the best-case scenario in a split.

2. Collaborative Divorce

In a collaborative divorce, both parties work with an attorney to reach an agreement. This type of divorce focuses on cooperation and negotiation rather than litigation.

Consider collaborative divorce if you and your spouse are willing to agree on a solution that suits both parties.

How Collaborative Divorce Works

In a collaborative divorce, the process is a team effort where each spouse has a divorce attorney. Sometimes, other professionals like financial advisors or therapists are involved. These professionals work together to help both parties reach a fair agreement.

Open communication is a key component of this process.

Different from some other types of divorce, this is a no-fault divorce. Everyone involved commits to the separation agreement without court intervention.

Benefits of Collaborative Divorce

One of the primary benefits of collaborative divorce is privacy. Discussions and negotiations happen in private meetings, rather than in open court, protecting personal matters from the public.

This type of divorce also offers more control over the outcome. Both you and your spouse can have a direct say in the final separation agreement, so it suits your individual needs and circumstances.

Additionally, support from financial advisors or mental health professionals can provide valuable guidance throughout the process. Hiring an Orlando divorce attorney can also help you navigate the negotiations.

3. Contested Divorce

This is typically the more tedious option for divorce.

A contested divorce, also known as a litigated divorce, occurs when spouses have irreconcilable differences on one or more issues. When this happens, divorce proceedings are necessary to settle disputes over assets and issues like child custody.

It’s also an option if one spouse is uncooperative or there are complex legal matters involved. If you relate to any of these situations, consider a contested divorce.

Florida is a no-fault divorce state. This means neither spouse needs to prove fault or wrongdoing to proceed with a divorce. A couple can simply state that the marriage is “irretrievably broken,” without the need to provide evidence of misconduct or specific grounds.

1. File a Petition & Response

A contested divorce occurs when one spouse files a divorce petition and the other spouse responds to it. If the other spouse chooses not to respond, the filing spouse can file a motion for a default divorce, which sets the stage for a legal battle.

The two sides may have opposing views on some — or many — key issues, like child support, marital debt, or spousal support.

2. Petitioner Serves the Other Spouse

The spouse who filed the petition must serve the other spouse with the divorce papers. The respondent has 20 days to file an answer to the petition.

3. Response + Counter Petition

The respondent may file an answer agreeing or disagreeing with the petition. The respondent can also file a counter-petition with their own requests for divorce.

4. Discovery Phase

During the discovery phase, both parties gather information and evidence to support their positions. This can involve document exchanges and depositions. In some states, one spouse may have to prove fault, like in fault divorce cases.

5. Mediation

Mediation might be used to help resolve disputes before going to trial. A mediated divorce attorney assists both parties in negotiating a settlement.

6. Trial

If mediation fails – which is typically rare – divorce cases proceed to trial, where the court determines the unresolved issues. This decision is then incorporated into a settlement agreement.

Challenges of Contested Divorce

Contested divorces can be time-consuming, often taking months or even years to reach the final settlement agreement. This could be due to the need for a thorough investigation or multiple court appearances.

These divorces are also expensive. The prolonged legal process leads to higher divorce attorney fees and additional court costs. As a result, contested divorces are often more stressful than other types of legal divorce.

Choosing the Right Type of Divorce

Now that we’ve gone over the different types of divorce, you may better understand which works best for you.

Start by assessing whether you and your spouse can agree on major issues such as property division and child custody.

With two individuals willing to work together and communicate openly, an uncontested or collaborative divorce might be the best fit. However, if there are significant disagreements or a lack of cooperation from the other spouse, a contested divorce may be necessary.

If you’re in the Sunshine State and unsure which option suits your needs, consulting with an Orlando divorce attorney can help you decide on a path forward and start the divorce process.

Seeking Legal Help for Different Types of Divorce

Whether you need an uncontested, collaborative, or contested divorce, knowing what each involves will prepare you for the process ahead.

If you’re considering a divorce, an Orlando divorce attorney at C. Alvarez Law can provide the support and guidance you need. Our divorce lawyers can help you understand divorce-related issues and choose the best option for your situation. Schedule a consultation today to get started.

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C. Alvarez Law

C. Alvarez Law is a Central Florida-based law firm that helps families find resolutions to their most complex family law issues. We are dedicated to providing the support and advice you need for a positive outcome and a better life. Before you can move on with your life, you need closure. Our firm is diverse, energetic, and passionate about delivering this for the clients who have placed their trust in us. Let’s work together today to find a better tomorrow.

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