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Types of Divorce

By Marcella Jaylon Subscribe to RSS | May 1st 2012 | Views:
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Divorces are classified into different categories depending upon the nature of divorce. Before a person files for divorce, he should fulfill the requirements of the state. The divorce laws differ from state to state and hence the person should fulfill the rules and regulations of divorce as specified by his state.

In U.S. there are two types of divorces i.e. contested b. uncontested. A contested divorce is a type of divorce in which, the parties do not agree with the terms of divorce. The parties are unable to make decision about property division, spousal protection, child custody or other aspects. The parties do not agree with each other and hence visit the court for these major decisions and rely upon the opinion of attorneys. But in case of uncontested divorce, the parties agree with each other. They are able to divide their assets without any dispute and are mutually able to decide about the aspects such as child custody and alimony also.

The divorces in U.S. initially do not agree with each other. But after the first hearing, they are able to mutually decide about each other. Then, they mutually undertake a decision for settlement. If they are mutually deciding about each other for settlement, then disputes cannot take place between the parties because both the parties are happy with each other. Hence, both the parties can end-up the litigation without any disagreement. But even if you are mutually deciding about each other in terms of property settlement, child custody or any other aspect, you should follow some rules and regulations as laid down by the divorce act.

Even if they are jointly taking decision about certain aspects, then they should decide within the specified time. The parties should study the requirements of the state before undertaking mutual decisions.

The type of divorce can also be classified as under:

1. Divorce through court; When the parties are unable to manage about each other in terms of property division, child custody or other financial aspects, then the court handles their matters and decides to settle their matter.

2. Divorce through the process of mediation; they invite a third party to settle their matter and pay the mediator some fees. The mediator is a professionalized person who has knowledge about divorce matters. The mediator is a person who neutrally undertakes decisions about the parties. They do not hire advocates.

3. Divorce through litigation: The parties represent themselves to the court without taking assistance from the attorney. They should individually file the documents as required by the divorce law. But a person saves his money because he does not hire an attorney.

4. Divorce through collaborative methods: A person undergoing divorce usually hires two attorneys to secure justice. He usually hires a lawyer who is specialized in child custody matters and another lawyer who is specialized in financial aspects. Both of them individually represent their decision. In this way, the judge comes to a conclusion, based upon the decisions of both the parties.

Marcella Jaylon - About Author:
"Types of Divorce" is an article of StateDivorce, a database of Glendale vicinity lawyers.

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