The Ins And Outs Of Divorce: Understanding The Different Proceedings Available

Nobody wishes to go through a divorce process, but various circumstances in your marriage can lead you to that path. When thinking about or undergoing a divorce, it's best to seek the services of an attorney to protect your legal rights and interests and ensure a fair process. They have training and expertise in handling all issues related to divorce cases, from child custody to property division. This piece provides insights into the different types of divorce proceedings they handle.

Fault or No-Fault Divorce 

You can decide on a no-fault or a fault divorce proceeding when filing for divorce. No-fault divorce is where you want to terminate the marriage, but you don't want to explain the reasons behind the decision. It's an option when you want to save time and don't want to point fingers at each other or air dirty linen in public. A divorce attorney guides you through the requirements of a no-fault divorce. In many instances, they help you state general grounds such as incompatibility, irreconcilable differences, and irretrievable breakdown. On the other hand, fault divorce is where you file for divorce due to a specific fault by your partner, e.g., violence or infidelity. It's always an option when you want to use the fault in influencing other aspects of the case, such as custody and property division. An attorney helps to gather evidence and prove the allegations against the person. 

Mediated and Collaborative Divorce 

Not all divorce cases have to go through a lengthy court battle, which is sometimes overwhelming and emotionally draining. Moreover, suppose there are no hard feelings; you can negotiate and agree on handling issues such as child custody and property division without involving the court and the public in your affairs. A mediated divorce is where you hire an attorney to help you and your partner negotiate the divorce terms. As a mediator, the attorney doesn't make any decision for the couple but explains the legal provisions to enable you to come to a sound, fair, and legally binding agreement. Collaborative divorce, on the other hand, is where both parties hire an attorney to help them negotiate the divorce terms. 

Default Divorce

A default divorce happens when you file for divorce, but the other party doesn't respond within the legally provided time frame or fails to participate in the proceedings. A default divorce is a more straightforward and easier process as the court grants your request for divorce without needing a court battle. However, you should still hire an attorney for the process. They guide you on child support and custody, ensuring the other party has received the court's decision and property division.

For more information, contact a divorce lawyer near you.