Which Type of Divorce is Right for You

The Differences Explained

Divorce laws and types of divorce vary between states. There is the Uniform Marriage and Divorce Act that some states follow, but individual state requirements and procedures vary. Some states also recognize the Uniform Divorce Recognition Act, requiring that a divorce be filed in both parties state of residence. It is important to find out if your state has any lone divorce requirements, such as a separation period, before deciding which type of divorce is right for your situation.

No Fault Divorce

A divorce of this type does not require any allegations of wrong doing toward either party involved. Grounds for this type of divorce have included irreconcilable differences and irremediable breakdown of the marriage. The only state not honoring a true no fault divorce is New York. In most states, this is the most common form of divorce.

At Fault Divorce

Many states still allow at fault divorces, while some do not. With this type of divorce one party has to have done something wrong. Wrongdoings resulting in the failure of the marriage, otherwise known as grounds for divorce, could include adultery, physical or mental cruelty, desertion, or imprisonment. If the spouse accused of such wrongdoing does not agree to the divorce, or the facts stated in the divorce agreement, he or she would have to deny the accusations and possibly prove a defense in court.

Summary Divorce

A summary, or simple, divorce is not widely available. There are eligibility requirements to be able to pursue this form of divorce including limits on the term of the marriage and property. Simplified, or summary divorces, are uncontested, no fault divorces with absolutely no disagreements on the settlement. This type of divorce is typically the fastest.

Uncontested Divorce