Some Divorce Terms to Know

When it comes to divorce, it can usually be summed up in one simple word, Bad. There are, however, several different names for a divorce based on the variables involved with them. Depending on how the two sides of the divorce can work out their differences, and what has caused the divorce, all decide the terms used in the divorce. These terms help decide various aspects in the court, such as deciding on support or alimony. For example, if it is considered an at fault divorce, the side that caused the divorce could be more likely to not get alimony or any form of support. We will visit at fault divorce cases further into the article.

Take note that not every form of divorce has to end up in the courtroom, there are some, such as a mediated divorce that can be done outside of the courtroom. Not every kind of divorce is a long and complicated process either. The first form of divorce we will look at for example, summary divorce, is relatively quick and simple.

Simplified Divorce: When two people have not been married for an extended period of time, usually less than five years, don’t own a substantial amount of property, and don’t have any children, the divorce can be expedited. This type of divorce will involve a lot less time and paperwork.

Uncontested Divorce: This is a peaceful version of the divorce. Both parties involved can work together to decide the terms of the divorce. You and your former spouse file court papers jointly, and it is possible to avoid a divorce trial all together.

Contested Divorce: The opposite of an Uncontested Divorce, contested divorces are less than peaceful between the two parties. If you can not come to an agreement on how to handle property, child custody, or support, then it will go to court to decide in a divorce trial.

Default Divorce: This is what happens when one side files for divorce and the other does not respond to it. When a person files for divorce, the spouse will have 20 days to respond. If they fail to do so within 20 days, the one that filed for divorce can petition for a default divorce. If accepted, the divorce can be completed without the spouse. To do this, you must have evidence that the notice was served to the other spouse or to their legal representation.

No-Fault Divorce: A no-fault divorce simply means that neither spouse is to blame for the divorce. There is some form of irreconcilable difference that is causing the marriage to not work, and neither spouse is considered at blame. It is often easier to get a divorce if one spouse is at fault, but several states now have no-fault clauses in their laws.

Fault Divorce: On the other side of the scale is Fault Divorce, which means one side has done something to cause this divorce. Some of the reasons that will call for an At Fault Divorce are:

• Abuse (emotional or physical)
• Abandonment for a period of one or more years.
• Adultery.
• Imprisonment for three consecutive years after the marriage date.

Mediated Divorce: Similar to a uncontested divorce, this is like a divorce trial without the trial. The two spouses meet with a neutral third party to discuss the terms of the divorce. The third party doesn’t make any of the decisions regarding the divorce, rather helps to mediate the proceedings and aid with communication between the two parties.

Collaborative Divorce: In a collaborative divorce, the two sides of the divorce will hire lawyers, and agree to meet with each other and the lawyers to work out the proceedings of the divorce. Both sides must agree to disclose all relevant information and work together to discuss settlements. If a collaborative divorce is attempted, but does not work, both attorneys must withdraw from the case and new attorneys must be hired to take the divorce to trial.

While not every kind of divorce listed here requires a divorce lawyer, consulting an Daytona Beach divorce attorney like Lauren Y. Koleilat to help decide what course of action is best can help answer any questions you may have. If you decide to follow a path that requires a lawyer or mediator, Daytona Beach’s Koleilat & Miller have the capabilities to either properly represent you, or to mediate over the proceedings. With years of experience in family law and divorce proceedings, the attorneys at Koleilat & Miller are ready to help.