All the Different Types of Divorce That You Need to Know About
States and attorneys categorize divorce in many different ways. Divorce courts recognize four types of divorce: fault, no-fault, contested, and uncontested. Lawyers use other categories to explain how a divorce is done and what should be included in the divorce papers. Our labels do not legally affect a divorce the way state labels do.
Regardless, it’s important to know the different types so that you can get the best divorce service for your needs. Special labels help us provide divorce services that focus on the aspects of the separation that are most important to you.
Untying the Knot offers its divorce services online to better suit the needs of divorcing couples in Florida. We hope explaining these specifics will help you with the process.
Types of Divorce in Florida
State Labels
Florida divorce courts have to know whether or not your divorce is contested or uncontested. This is because, in the case of the former, a court would have to mediate between the couple.
- Contested Divorce is where you and your spouse cannot agree to one or more aspects of your divorce, even with mediation. This means you must now have attorneys represent you in court against your spouse. In court, your legal team will have to explain why the court should side with you regarding certain divorce matters.
- Uncontested Divorce is when you and your spouse agree on all aspects of your divorce when you present your agreement to the courts. In these cases, the court usually approves your agreement unless there is reason to suspect foul play.
Currently, there are only two states that require both parties to agree to a no-fault divorce for either spouse to file for one. Florida is not one of them. While both spouses can file for fault divorce, it no longer has the legal influence it used to. Topics of divorce, such as child custody and division of assets, are not affected by whether or not your divorce is fault or no-fault.
That being said, some issues that are grounds for fault divorce will affect parts of your divorce more than the “fault divorce” designation itself. This includes things like abuse, drug abuse, personal injury, and more.
- Fault Divorce is when one spouse is accused of committing acts of abuse, adultery, or worse against their spouse, leaving their marriage irretrievably broken.
- No-fault Divorce is when both spouses agree that their marriage is irretrievably broken with some understandable reason as to why.
If one spouse files for a no-fault divorce while the other files for a fault divorce, the divorce court will proceed with a no-fault divorce. This allows the process to proceed quicker.
Attorney Labels
We have seven ways at Untying the Knot for describing and defining divorce.
- Default Divorce: This is where you file for divorce, but your spouse doesn’t respond for whatever reason. Your divorce will proceed without your spouse after one year of separation.
- High-Asset Divorce: This is where you and your spouse are divorcing with a high number of assets, with several high-value assets, or both. Divorces of this kind may require financial advisors to evaluate the value of your assets.
- Military Divorce: If you or your spouse is in the military, you have special rules and regulations that apply to your divorce.
- Mediator Divorce: Rather than go through the grueling process of having your attorneys argue in court, you and your spouse can use a mediator to help you communicate with each other and come to an agreement amicably. If you cannot agree, you will have to proceed with a court trial instead.
- Collaborative Divorce: Similar to mediator divorce, you and your spouse each have an attorney whose goal is to try and resolve your divorce agreement without going to court. The main difference is that there is no mediator outside of your attorneys who are there to represent each of you.
- Summary Divorce: This is a divorce for couples who have not been married long, do not own significant marital property, have no children together, and have little to no marital debt.
- Gray Divorce: If you and your spouse or both are over the age of 50, we have to take into consideration social security, retirement funds, and similar accounts that you are or will soon be using.
Check Out Untying the Knot’s Online Services For Help
Reduce how long and complicated divorce is by utilizing Untying the Knot’s online divorce service. Our family law attorneys have designed this platform to be as simple and easy as possible and reduce just how much time you and your spouse have to spend in court. If you prefer handling your divorce from home, you can try our services or reach out to us for legal assistance.