What Are the Different Types of Divorce?

Divorce is the legal dissolution of a marriage. It is a complex and often emotional process that can have a significant impact on the lives of the individuals involved, as well as their families and friends. In the United States, the divorce rate has been steadily declining since the 1980s, but it still remains relatively high, with an estimated 40% of marriages ending in divorce.

Types of Divorce

There are several different types of divorce, each with its own advantages and disadvantages. The most common types of divorce are:

Uncontested Divorce

An uncontested divorce is one in which both spouses agree on all of the terms of the divorce, including the division of property, child custody and support, and spousal support. This is the simplest and least expensive type of divorce, and it can often be completed in a matter of months.

• Advantages:
• Simple and inexpensive
• Can be completed quickly
• Less emotional toll on the spouses and children
• Disadvantages:
• May not be possible if there are significant disagreements between the spouses

Contested Divorce

A contested divorce is one in which the spouses cannot agree on one or more of the terms of the divorce. This type of divorce is more complex and expensive than an uncontested divorce, and it can take longer to complete. In some cases, a contested divorce may even go to trial.

• Advantages:
• Allows the spouses to have their day in court
• Can result in a more favorable outcome for one or both spouses
• Disadvantages:
• Complex and expensive
• Can take a long time to complete
• Can be emotionally draining for the spouses and children

Collaborative Divorce

A collaborative divorce is a type of divorce in which the spouses work together with their attorneys to reach an agreement on all of the terms of the divorce. This type of divorce is designed to be less adversarial than a contested divorce, and it can help to reduce the emotional toll on the spouses and children.

• Advantages:
• Less adversarial than a contested divorce
• Can help to reduce the emotional toll on the spouses and children
• Can result in a more creative and flexible settlement
• Disadvantages:
• Can be more expensive than an uncontested divorce
• May not be possible if there are significant disagreements between the spouses

Mediation Divorce

A mediation divorce is a type of divorce in which the spouses work with a neutral mediator to reach an agreement on all of the terms of the divorce. The mediator does not take sides, but rather helps the spouses to communicate and negotiate with each other. Mediation can be a helpful way to resolve disputes and reach an agreement that is acceptable to both spouses.

• Advantages:
• Less adversarial than a contested divorce
• Can help to reduce the emotional toll on the spouses and children
• Can result in a more creative and flexible settlement
• Disadvantages:
• Can be more expensive than an uncontested divorce
• May not be possible if there are significant disagreements between the spouses

Arbitration Divorce

An arbitration divorce is a type of divorce in which the spouses agree to have a neutral arbitrator decide the terms of the divorce. The arbitrator's decision is binding on both spouses, and there is no right to appeal. Arbitration can be a faster and less expensive way to resolve a divorce than a trial, but it can also be less flexible.

• Advantages:
• Faster and less expensive than a trial
• Binding on both spouses
• Disadvantages:
• Less flexible than a trial
• No right to appeal

Summary Divorce

A summary divorce is a type of divorce that is available in some states for couples who have been married for a short period of time and have no children or property. Summary divorces are typically granted quickly and easily, and they are often less expensive than other types of divorce.

• Advantages:
• Quick and easy
• Less expensive than other types of divorce
• Disadvantages:
• Only available in some states
• May not be appropriate for couples with children or property

Factors to Consider When Choosing a Type of Divorce

When choosing a type of divorce, there are a number of factors to consider, including:

• Cost: The cost of a divorce can vary significantly depending on the type of divorce and the complexity of the case.
• Time: The time it takes to complete a divorce can also vary depending on the type of divorce and the complexity of the case.
• Emotional toll: The emotional toll of a divorce can be significant, and it is important to choose a type of divorce that will minimize the emotional impact on the spouses and children.
• Legal implications: There are a number of legal implications to consider when choosing a type of divorce, such as the division of property, child custody and support, and spousal support.
• Child custody and support: If there are children involved in the divorce, it is important to choose a type of divorce that will allow for a fair and equitable resolution of child custody and support issues.

Choosing the right type of divorce is an important decision that can have a significant impact on the lives of the individuals involved. It is important to carefully consider all of the factors involved and to seek professional advice from an attorney or other qualified professional.