Divorce is a process that legally terminates a marriage. According to the National Vital Statistics Report for 2008, approximately 50 percent of all marriages in the United States end in divorce. The kinds of divorce available to you will vary depending upon your state of residence, and your own situation. Each state requires that you live in the state for a period of time before it will grant a divorce, but the time required to prove residency varies by state.
No-Fault vs. Fault Divorce
According to USLegal, the concepts of “fault” and “no-fault” are used to determine grounds for the divorce. No-fault divorces allow couples to divorce without proving that one spouse did something wrong. Fault divorces require that one spouse establish that the other is “at fault” for the end of the marriage, due to reasons such as infidelity or cruelty. Each state has requirements for establishing no-fault divorce grounds. Utah, for example, allows a no-fault divorce on the basis of irreconcilable differences.
Once grounds for the divorce are determined, the couple must deal with issues surrounding property, finances and child custody. These matters can result in either a contested or uncontested divorce.
Contested Divorce
Contested divorces arise when the couple is unable to agree on significant details of the divorce, such as property division, child custody and financial arrangements, and allows the court to decide these matters, according to USLegal. Contested divorces are more expensive than uncontested divorces because they require more involvement from the couple’s lawyers. The court might also order mediation in an attempt to resolve the couple’s disagreements before they appear in court.
Uncontested Divorce
In an uncontested divorce, sometimes called a dissolution, the couple has resolved all issues such as child custody, property division and financial arrangements before the court date. The court’s role is simply to approve the divorce agreement. Paperwork for uncontested divorces can be filed without the assistance of an attorney, reducing the costs associated with the divorce.
Bifurcated Divorce
Illinois Legal Aid states that a bifurcated, or divisible, divorce separates the dissolution of the marriage from the separation of property. A couple might seek a bifurcated divorce when one wants to remarry quickly, and both parties agree to resolve other time-consuming legal issues at a later date.
Quickie Divorce
Some countries, such as Haiti and the Dominican Republic, allow divorces to take place within a matter of days. These divorces are referred to as “quickie” divorces. The U.S. Department of State notes that divorces granted by foreign governments are generally recognized as legal in the United States as long as both parties received notice of the divorce and at least one party was considered resident in the foreign country at the time of the divorce. Be aware that recognition of a divorce is done at the state level, and some states will challenge the divorce if they are not satisfied with the residency requirement.
