There are several paths to ending a marriage, including alternatives to traditional divorce. There are two types of traditional divorce: no-fault and fault. A no-fault divorce means that a spouse asks the court to end a marriage without blaming either spouse for the breakup. All 50 states allow couples to utilize the no-fault divorce process and several states only allow no-fault divorce. Instead of listing a specific incident of marital misconduct, the filing spouse only needs to use the state's legal grounds for no-fault divorce as the reason for the divorce request.
Every state has its own requirements, but generally, the options are:. In some states, you can request a divorce based on a separation for a certain period of time. While a divorce based on separation is not what most attorneys refer to as the classic "no-fault" divorce, it also allows the spouses to file for divorce without pointing fingers or claiming that one spouse caused the split.
The goal of a no-fault divorce is to allow a spouse who no longer wants to be married to get a divorce. In the past, only spouses who could prove specific misconduct was able to leave a marriage. Today, courts won't require you to stay married if you don't want to. Even if one of the spouses disagrees with the divorce, if you can demonstrate that you meet the state's no-fault requirements, the judge will grant your divorce. A fault divorce requires the filing spouse to allege that the other spouse caused the divorce by engaging in specific conduct.
Only a few states still allow spouses to choose the fault-based divorce process. Because one spouse must prove that the other spouse's misconduct caused the marriage to fail, fault divorces are more expensive and time-consuming than no-fault divorces. Some couples choose the fault divorce process because it may allow them to get around the state's mandatory waiting period for divorce. Proving your fault divorce case isn't always a walk in the park, especially if your spouse raises a defense to the allegations.
Although it's rare, a spouse may prevent a fault divorce by proving any of the following defenses:. It's against public policy for courts to force you to stay married, so if you fail to prove your fault claim, the judge will usually proceed with the no-fault divorce process.
Some judges may require you to pay your spouse's legal fees if you use the fault process frivolously. An uncontested divorce means that both spouses agree to the divorce's legal grounds and all the divorce-related terms in it. An uncontested divorce requires both spouses to draft and sign a legally binding settlement agreement which tells the court the couple's plan for the following:.
The uncontested divorce process varies in each state. Some state have specific procedures that allow you to fast track an uncontested divorce if you meet all the requirements. Most courts require the couple to file the documents and wait for the state's mandatory waiting period to expire before the judge can finalize the divorce. An uncontested divorce is one of the fastest ways to finalize a divorce because there's no need for a divorce trial.
With divorce mediation , the couple meets with a neutral third-party who helps them resolve their divorce-related issues. Divorce mediators are usually family law attorney lawyers and are trained in the latest mediation techniques and requirements through the state.
In some states, couples must attend mediation before the court will acts on the divorce case. In others, mediation is an alternative to a divorce trial but is only available to spouses who agree to use the process. Mediation is confidential, so neither spouse can use evidence from the meeting later during a trial. The first step in mediation is to hire a mediator.
You can ask your lawyer for recommendations, or you can call the local mediator network where you live for suggestions. If your state requires mediation, and a judge orders you to meet with a court-appointed mediator, you may not be able to choose the mediator, but the cost is usually low or free. For private mediation, the fee depends on the individual mediator. It's common for spouses to split the cost, but you should discuss payment before you agree to attend.
During your mediation sessions, the mediator will usually meet with both spouses sometimes together and sometimes separately to discuss the unresolved issues relating to the divorce. The mediator's goal is to facilitate a conversation between the spouses to reach an agreement and avoid going to court.
If mediation is successful, the mediator will draft a settlement agreement for the spouses and lawyers to sign. Once you sign, you can present it to the judge and finalize your divorce. If you don't agree or only agree on some issues , you'll need to ask the judge to resolve the remaining issues for you. Unlike arbitration, a mediator does not have the power to decide the issues in divorce cases.
So, if you don't like the terms in the proposed agreement, don't sign and head to court. Mediation only works if both spouses go into the meeting with good faith and effort to reach an agreement. Even if you only agree on some of the issues, it will save you time in court later. Co-mediation is very similar to traditional mediation, except it involves multiple mediators, usually two, who can work together to resolve the couple's differences.
Some co-mediations include a private mediator and a mental health expert on the team, and others may be two trained mediators. The idea behind co-mediation is that "two heads are better than one," and hopefully, those two experienced mediators can help the couple avoid a drawn-out divorce trial.
Co-mediation isn't as common as using a single mediator, and courts don't usually order couples to attend. However, if you have serious communication issues with your spouse, co-mediation may be a beneficial path for you to take. While the cost may be more than traditional mediation, it will still be less than a trial. If there's a history of domestic violence in your marriage, mediation and co-mediation may not be a good option. In most states, courts will not order a spouse to attend mediation with an abuser.
If you choose to attend mediation, you should ask the mediator to keep you and your lawyer in a separate room from your spouse and request the mediator's plan to maintain control and safety during the session. Collaborative divorce is another way to complete your divorce and it's best suited to couples who are willing to work together to resolve their issues without the court's help. Typically, the process begins with each spouse hiring an attorney who is specially trained in collaborative divorce.
The attorneys and spouses will agree that the attorneys will withdraw from the case if the couple can't settle their issues, and the couple will have to start over from scratch. The idea behind collaborative divorce is that no one spouses or attorneys will benefit from going to trial, which motivates your to resolve your case together.
After each spouse meets with their attorney, the group will get together during a "four-way meeting" to discuss the case. Your attorneys may ask you to hire other professionals, such as financial or child custody experts, to bring in during the process. Your attorneys may also utilize mediation or co-mediation to help resolve your conflicts.
Collaborative divorce isn't for everyone, and you should only consider it if you're willing to give up the use of all court procedures, including divorce discovery, and negotiate all the terms of your divorce. Once you agree, your attorneys will present your final settlement agreement to the judge to finalize your divorce.
As with any other alternative to a divorce trial, you can still ask the court for help deciding the unresolved issues if you don't agree. Divorce arbitration isn't available in all states, but if you live in a state that allows it, and you can't reach a divorce settlement with your spouse, this option may be a better alternative than a divorce trial. Here a neutral attorney guides the two parties through a negotiated process so that they can arrive at an amicable resolution. Mediation often takes a full day for an amicable agreement to be reached.
However, the time it takes depends on the issues and how far apart the couple is on what they want and what they believe is fair. The needs and wishes of both sides are presented and efforts are made for a mutual compromise to be reached.
Many courts in Texas often require couples to go through mediation before going to a final hearing. Parties only go to court f the mediation does not work.
Just like in the mediated model, a transparent negotiated process takes place to allow the parties to agree. However, in this process each party not only has an attorney but there are other neutral experts present. These neutral experts may include mental heal health professionals, financial experts, and experts trained in conflict resolution. In each meeting there is a separate agenda that is discussed and both spouses keep minutes and take notes.
The divorce expertise you need Slater and Gordon's experienced divorce lawyers have the understanding and the expertise you need. Talk to a family law expert today Contact us.
What types of divorce are there? The different phrases are: No-fault divorce Uncontested divorce Contested divorce. What is a no-fault divorce? What is an uncontested divorce? What is a contested divorce? Why choose Slater and Gordon's divorce lawyers? Prices quoted on this page include VAT. Family support content Child maintenance guide Guide to entering a civil partnership Difference between cohabitation and marriage UK divorce law explained Difference between marriage and civil partnership Ex won't pay child maintenance How long does divorce take What is adultery?
How to start divorce proceedings Disagreements over schools. The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. B L family and personal matters case Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf.
J B family and personal matters case For anyone needing help with family issues I could not recommend Slater and Gordon highly enough.
0コメント