Different Types of Divorce in the United States

Many couples, if not all of them, begin the divorce process without knowing their options, which can make the process even more difficult. Whether you were married for a few years or a few decades, divorce is undoubtedly a difficult process. Don’t waste time pursuing a type of divorce that doesn’t make sense for your situation. To help you get through the divorce process quickly, we’ll cover many of the options available to you. Keep reading to learn the different types of divorce in the United States—that way, you can go into the divorce process prepared.

Fault or No-Fault Divorce

Most states only accept no-fault divorce, but a few states still require someone to be “at fault.” An at-fault divorce means that the spouse filing for divorce must prove that the other spouse is responsible for the dissolution of marriage, whether that’s through their spouse’s actions, words, lifestyle, and so on.

Alternatively, most states recognize that each spouse is responsible for their marriage, which also means they’re equally responsible for the divorce. A no-fault divorce is among the most common because it requires each spouse to have their own attorney and go to court.

Summary or “Simple” Divorce

As you can probably tell by its name, a summary divorce is one of the fastest and easiest divorces to complete. The reason a summary divorce is so simple is because each party is likely to cooperate with the process, and they often face few roadblocks that hold the process up. For example, a common summary divorce scenario would be a couple that has not been married very long—just note that the time frame can vary by state. In addition, these couples usually have minimal assets and no children in the mix.

Uncontested or Contested Divorce

In a perfect scenario, you and your spouse would work together to discuss and agree upon the divorce details. This would be an uncontested divorce, where you and your spouse can peacefully come to an agreement. In these cases, when the couple is able to calmly work together, the divorce can be over and done with quickly. However, this situation tends to be uncommon, and many couples choose to proceed with a contested divorce. This involves more court hearings, paperwork, negotiations, and so on. Contested divorces are especially common between couples with children because of their differences in parenting styles and desires. Additionally, this type of divorce is common when each spouse has significant assets such as net worth because the parties don’t feel their spouse should have a piece of their wealth. Therefore, the negotiations begin.

Mediation or Arbitration

Most couples want to avoid going to court to avoid the cost and hassle. However, if they can’t avoid court through agreeing on the terms of the divorce, many of them will choose mediation. The process is unique because a mediator acts as a neutral party between spouses—that is, the mediator does not favor once side over another. Many people tend to misinterpret the process of mediation and assume the mediator will make decisions for them, which is incorrect. Instead, the mediator will guide the conversation between the couple and hopefully help them reach an agreement on their own.