Navigating a divorce can take an enormous toll on your mental health. Research shows that divorce is strongly correlated with reduced mental and physical health. If you’re facing the prospect of divorce, one of the most important things you can do is look into the different types of divorce and decide which is right for you. 

Every couple’s situation is different, and it’s critical that you pursue a divorce process that has the highest chance of a good outcome for your individual circumstances. 

This can help reduce conflict, curb costs, and safeguard your future. 

Keep reading to find out about the different types of divorces to consider.  

Uncontested Divorce

An uncontested divorce occurs when both parties agree on (or amicably negotiate) all particulars relating to the divorce. These include matters like:

• Division of assets
• Child custody
• Child support
• Alimony

Uncontested divorce negotiations can happen privately or through professional mediation. If you and your spouse see eye-to-eye on the details of your divorce, you may be able to agree on all aspects of your divorce agreement without the help of a mediator. 

The next step is to get your divorce agreement officially drawn up with the help of an attorney. 

Mediated Divorce

Alternatively, if there are some areas of disagreement, but you are both committed to an amicable divorce, you can enlist the help of a mediator. They will help you reach common ground on any contentious details. 

Once you reach a mutual agreement, an attorney can help you finalize your divorce agreement. 

Collaborative Divorce

Another of the uncontested types of divorce is collaborative divorce. Here, both spouses hire a divorce attorney, and all parties work together to reach a settlement agreement outside of court. 

A collaborative divorce usually involves multiple meetings and negotiations. 

Benefits of Uncontested Divorce

Uncontested divorces are more affordable and faster than contested divorces. In some cases, they might not even require a divorce attorney. Statistics show that uncontested divorces cost $4,100 on average. 

Uncontested divorces can also have less emotional fallout. This can be particularly important if you have children and even is more critical if you’re going to continue to co-parent. 

Navigating a divorce with children adds another layer of complexity, which can make mutual agreement tougher. But, it also increases the importance of amicable proceedings. 

However, uncontested divorce is only a realistic route if both you and your spouse can agree on most issues. 

Contested Divorce

If both parties can’t agree on the terms of their divorce, this usually results in a contested divorce. 

During a contested divorce, both spouses have to be represented by a divorce attorney during mediation. This increases the cost of getting a divorce. 

If a full-scope divorce attorney is involved, the average cost of legal fees is $11,300 per spouse.

If both parties can’t reach an agreement during negotiation, uncontested divorce cases may have to go to court. Here, a judge will preside over the proceedings and make a final decision on the divorce agreement. This can further drive up costs. 

The statistics we referenced earlier show that divorces that go to trial for two or more issues cost $23,300 on average. 

Besides costing more, contested divorces also tend to take longer. The proceedings are more drawn out, and the process can also trigger increased levels of enmity between the separating spouses. 

At-Fault Divorce

Before 1970, there weren’t so many different types of divorces. Divorce proceedings could only be carried out if one spouse could prove the other at fault for things like infidelity or abuse. 

Fortunately, this changed in 1969, when California adopted no-fault divorce. Now, no-fault divorce is a core part of family law. All states in the US allow no-fault divorce. 

Some states also still allow at-fault divorce. 

During an at-fault divorce, one spouse has to provide evidence of the other party’s wrongdoing or fault in breaking down the marriage. The fault grounds vary between states.

They can include things like:

• Adultery
• Abandonment
• Imprisonment
• Substance abuse
• Physical abuse
• Incurable insanity
• Inability to have sexual intercourse
• Cruelty

Some states also allow courts to consider fault when determining division of property, alimony awards, or custody awards. If you can prove the other party is at fault, this might potentially increase your share of the divided property. 

It can also influence whether or not you win custody, especially if the court deems that the other party’s actions might be detrimental to the well-being of the children. 

Another reason someone might want to pursue an at-fault divorce is for feelings of validation. Being able to prove that the other party engaged in misconduct or wrongdoing can offer a sense of closure if you feel betrayed or wronged. 

However, it’s also important to note that at-fault divorces are far more complex, costly, and time-consuming. They can also have a huge emotional toll and fuel the fire of animosity. This can create added emotional distress for any children involved and prevent spouses from moving on. 

At-fault divorces can also involve public court proceedings. 

No-Fault Divorce

In a no-fault divorce, neither party needs to prove that the other spouse was guilty of misconduct. This allows couples to end marriages for reasons of their own choosing. 

All you have to do is state that the marriage is irretrievable or that there are differences that you aren’t able to reconcile. 

No-fault divorces are usually far cheaper, less complicated, and quicker. They are more streamlined, involve less paperwork, and less legal fees. No-fault divorces are also more private and can help reduce conflict by removing the need to assign blame. 

The only drawback to no-fault divorces is that, in some situations, they might result in an unfair division of assets. If you were financially dependent on your spouse and they were wholly responsible for the breakdown of the marriage, this could impact your financial stability unfairly.  

Legal Separation

If you aren’t ready for the finality of divorce or have religious or personal reasons that prevent divorce, you can also consider legal separation. 

Legal separation allows married spouses to live separately but remain legally married. Similar to a divorce, a legal separation can involve the division of assets and debts.

You can draw up an agreement around asset division, child support, custody, financial support, shared bank accounts, etc.

One of the potential benefits of legal separation is that it can allow for future reconciliation. The time apart can enable couples to reevaluate and reconstruct their relationship without the finality of divorce. 

Are You Considering One of These Types of Divorce?

Divorce is almost never easy, but one way you can try to streamline the process is by selecting the right avenue. Another way you can minimize stress and trauma is by choosing the right legal help.

No matter which types of divorce might apply to your situation, it’s critical that you have the right divorce attorney in your corner. One who specializes in family law and can protect your interests.  

Are you in need of a reputable family law firm? Use our directory to search for a divorce attorney in your area. 

Divorce is common, and a sore spot for many people each year. Right now, divorces happen at a rate of 2.5 per 1,000 people, per the Centers for Disease Control (CDC). 

If you happen to be among them, the main way to soothe this stress and move forward with life is by finding the help of a divorce attorney. Learning more about hiring an attorney for your case will help you make the right legal arrangement, so that your case is resolved peacefully and in your favor. 

To make this happen, there are some common mistakes you need to avoid when selecting a divorce lawyer. 

Not Exploring Your Reasons for Divorcing

It’s important that you consider your reasons for divorcing your spouse. When your reasons are clear and laid out, you’ll also be clear on the type of lawyer that you need to hire. You might need a certain law firm to assist you in a cooperative divorce. These lawyers might even have mediators on staff that can smooth things out and help the two of you come to some workable compromises. 

You may need a lawyer with extensive divorce trial experience if your case is contentious or stressful. There may also be some special circumstances that dictate the type of attorneys you hire. 

For example, you will have different circumstances that you’re working with for a military divorce than you would for a civilian divorce. Other lawyers might specialize in clients with large sums of money and expensive assets on the line. Figure out the details of what you need and it’ll help you when it’s time to make a hire. 

Failing to Vet Their Credibility and Read Reviews

Reading online reviews is one of the best ways to find leads on an attorney that can help you with your divorce case. These reviews will give you a head start on what you should know about hiring a lawyer, along with their strengths, credibility, and main areas of specialty. 

Hearing about how other people have found success with a lawyer can help you feel more at peace with your decision to hire them. Make sure to also choose someone who has proven experience that you can verify by checking with the bar association. They need to be qualified to practice in your state, whether your case ends in a trial or a peaceful divorce settlement. 

Foregoing a Pre-Hire Meeting

Another common. mistake divorcees make is either skipping out on the pre-hire consultation, or not taking it seriously enough. This is the time that you get to have all of your questions answered, while also finding out if the firm you are considering is the most qualified to take your case. 

People often rush through these meetings or don’t think to ask all of the questions that they have on their minds. Do your research going into the meeting so that you are fully prepared, and that you only hire a lawyer once they have the answers that you’re looking for. 

Not Exploring Their Fees

Start comparing lawyer fees so that you’re able to get the most from you hiring experience. While divorcing requires the best legal help that you can find, you should never overspend on the service that they offer. Get about four different estimates to make sure that you have an idea of what the market is charing for these legal services. 

Ask the lawyer about how they structure their fees. Most lawyers will charge by the hour for divorce legal services. Find out their billing practices and get them in writing to make sure they operate with complete transparency. 

You Didn’t Do Enough Research

Even though you’re hiring the lawyer to take over your case, the onus is still on you to do some research into the different firms available. Learn as much as you can about divorce law in your state and compare notes with the law firm to make sure you’re all on the same page. 

You should do as much research into their prior record to make sure that they have the divorce case experience you need to win your case. Many people are so anxious to hire a lawyer that they don’t do enough due diligence. And unfortunately, they end up paying for it in the end. 

Not Reaching Out to Your Inner Circle

You should also ask the people closest to you who have divorced about their experience with the lawyers that they hired. These are the people closest to you, so they are an excellent source of information anytime you need help getting referrals or leads on a good divorce firm. 

Find out as much detail as you can about what they liked or disliked about the firm, and whether they would recommend them to others. 

Forgetting to Look at the Big Picture

Several people also make the mistake of not looking at the big picture with their case. Divorce is a lifelong decision, so you need to choose a lawyer who can not just handle the initial hearing, but who can also foresee issues that might come up in the future. 

This might include things like ongoing child custody hearings, changes in child support, or seeking alimony. 

Selecting a Divorce Lawyer That Can Help You

These tips are helpful when you’re selecting a divorce lawyer that can assist you with your case. 

Family Attorneys Near Me is the directory that you need to rely on when you’re interested in finding a quality set of attorneys that can help you with your legal needs. Rely on us for content that can help you out, and don’t hesitate to contact us with any questions that you have. 

Cohabitation agreements are essential if you and your partner live with one another but are unmarried. Did you know that more than twelve million unmarried couples live in the United States today, and most of them are unaware of cohabitation agreements?

When you have this agreement in place, you not only protect yourself financially but emotionally as well. No one wants to have to go to court after a breakup.

Please continue reading below if you want to learn more about your cohabitation rights and what a cohabitation agreement can do for you and your partner. We will cover what you need to know about this document and who you can contact for more assistance. 

What Is a Cohabitation Agreement?

A cohabitation agreement is a mutually binding agreement that details your and your partner’s rights in the relationship. The primary purpose of this agreement is to ensure that both parties are financially protected if the relationship ends. The document can also cover provisions such as visitation rights and custody of your children. 

What Are the Cohabitation Property Rights for Unmarried Couples?

The specific rules for cohabitation property rights vary per state, but there are a few basic legal principles that are similar across the country. For example, the property laws that govern married couples who divorce don’t apply to those who live together and are unmarried unless you and your partner qualify under common law marriage or domestic partner laws.

Debt and Property Division

In a traditional marriage, the married couple share debts or assets acquired during the marriage. Of course, this can change if there is a prenuptial agreement.

If there is a prenup, the division of assets and debts will follow the agreed-upon terms on the prenuptial document. With unmarried couples, each individual is responsible for their own debts and property unless the two have a joint account or have both names on the property deed. 

Cohabitation agreements

Because no laws surround the division of property, other assets, or debt, you and your partner can create a cohabitation property agreement. You can create this document with a reputable attorney to ensure that your assets are adequately covered. 

What to include in a cohabitation agreement:

• Who owns newly acquired assets
• How you or your partner will manage credit cards and bank accounts
• Who owns specific assets
• How to distribute assets if there is a separation
• What process will be used if there is a dispute in property rights
• If and how you and your partner share expenses

This list is only an example of what you can list on your cohabitation property agreement. When you partner with a reputable attorney, they can help you sort out what to put on your agreement to cover your and your partner’s wishes. 

Cohabitation Agreement vs. Wills and Trusts

Even though this document lists out who owns what in the relationship, it does not cover if the surviving partner receives property. The surviving cohabiting partner has no property rights.

The only way the surviving cohabiting partner can receive property is if the deceased left it to them in a will or a trust. The other exception is if the surviving partner is listed on the property as well. If they are, then they are entitled to half of the property. 

Depending on the state you live in, you may have a right to inherit a portion of the deceased’s property if the state recognizes domestic partnerships. To be on the safe side, it is best to speak with an attorney about your options. 

What Is the Importance of a Cohabitation Agreement?

Getting a cohabitation agreement completed early in the relationship is crucial to ensure that you and your partner are financially covered if you two decide to split up. Because you aren’t married, you may think it will be easy to take what is yours or what you believe is yours and move on. That is not always the case. 

If your ex-partner believes they should own a specific piece of property, they might try to take you to court. They could also argue that you owe them money or other assets you acquired while you were together. 

In the event that your ex does try to argue that you owe them something, but you know you don’t and you have it in writing, you will have an easier time in court. Most courts uphold these documents so long as they are in writing and completed before the split. 

How To Find the Right Attorney

If you wish to create a cohabitation agreement, reach out to a reputable family lawyer who has experience creating this document. As mentioned earlier, they can help you create this document in a way that works best for you and your partner.

It is best not to assume the marital laws in your state apply to your relationship because they most likely don’t unless you qualify for domestic partnership or common law. You can speak with your lawyer about your options if you are unsure if you qualify under those two. 

Create a Cohabitation Agreement That Works

Cohabitation agreements aren’t well known because many couples assume they qualify under common law or domestic partnership laws. Not everyone meets these requirements; unfortunately, they find that out when they split up. Even worse, they learn that the property and assets they agreed to share are not really theirs because they did not agree in writing.

To ensure that you and your partner are financially covered in the event of a break-up, you may want to consider a cohabitation agreement. If you want to learn more about this document or you wish to start the process, submit your information to find the right attorney for you.

Marriage is considered a permanent agreement between two parties, however, in the United States, statistics show that the average length of a marriage is 8.2 years. If you are here, it is likely that you are considering divorcing your partner, or know someone who is. No one ever hopes for it to end like this, and it is unfortunate that it has come to this. 

This article helps guide you through the key questions you need to ask your divorce lawyer before taking them on board during this sensitive time. Divorce can be one of the most traumatic experiences you go through, so it is important that you have the right legal, psychological, and emotional support you need during this time. 

Let’s get started!

1. How Long Have You Been Practicing as a Divorce Lawyer?

Talk to your lawyer about their credentials, how long they have been in practice and what kind of law they have been practicing. Ideally, you want someone who has experience in dealing with various matters pertaining to family law within the state you are in. 

Keep in mind that laws vary from state to state, and you need your divorce attorney to be well versed with the local laws where your case will be heard.

Which law school did they attend? When did they answer the Bar? How often do they go to the local family courts? 

The essentials to keep in mind are: credentials, experience, knowledge, and location of the practice. 

2. Do You Know My Spouse or Their Attorney?

Next, you must make sure that there is no conflict of interest. Does your attorney know your spouse? Do they know your spouse’s parents? 

Do they know your children? Do they know your spouse’s attorney? If so, how well do they know them? 

Ask them about their relationship (if any) with anyone associated with the case and examine whether you have anything to worry about. It is generally better to do a brief background examination before you meet your lawyer, just so that in the event that there is something worth investigating, you’ll know where to press. 

3. What Is Your Philosophy for Divorce Cases and What Is Your Strategy for Mine? 

Law firms as well as individual family lawyers have certain principles that guide the way they go about handling a case. Ask your divorce lawyer what their philosophy is. 

Additionally, how do they intend to put this into practice while handling your case? What is their strategy for getting you the outcome you want? 

During this stage, you must examine how confident you feel in your lawyer’s abilities to assess and advise you on your matter.

Do they seem like they are making big promises without a lot of substance? Is their strategy practical? Does it address the needs you specified to them? 

4. Have You Handled Similar Cases Before?

Once you’ve laid out the facts of your case, make sure to ask them whether they’ve had similar cases before. If they have, how did they handle them? Consider the strategies employed in previous cases, and how the client’s interests were addressed in the outcome.

What were the outcomes of those cases? Did they all go to trial? Were there any out-of-court settlements? 

If your spouse has a difficult personality it will also serve you well to ask your lawyer if they have any experience dealing with these personality styles. For example, divorcing someone who is narcissistic is a far more difficult and volatile experience than someone who is more agreeable. Negotiating with a narcissist can be extremely challenging on its own and you need a lawyer who is familiar with these patterns to help you protect your interests. 

5. What Are My Options Considering the Facts of This Case?

While asking a lawyer for their strategy, don’t forget to insist on hearing about alternatives too. There is almost always more than one way to handle things and you need to make sure your lawyer is painting a complete picture for you. 

What is your best course of action? How many options do you have? What are the merits and demerits of your case? How is a judge likely to rule given your circumstances? Is mediation preferable, considering your interests? 

Press your lawyer on matters that are priorities to you. 

6. Will You Personally Be Handling My Case or Assigning it to Someone Else?

It can so happen that the lawyer you meet with is not the only lawyer handling your case. Make sure to talk to the lawyer about who is really representing you and which of their fellow associates will be handling your case. 

Who do you call if you have questions? Who should you expect an update from? What should you do in the event of an emergency? Who is your point of contact? 

In the event that your case goes to court, who will be representing you?

You need to be ascertained that you are getting one on one attention with your attorney, particularly when times get rough. 

7. Can You Give Me an Estimate for This Divorce?

Finally, you have a budget and you need to know that your lawyer is within your budget. So talk to them about their charges, but also make sure to question them on the other financial repercussions of the case. 

This includes alimony, division of assets, maintenance, and more. 

Talk to a Family Law Attorney Who Cares

Hiring a divorce lawyer is not an easy process especially when you are in such a vulnerable, transitional phase of your life. 

We’re here to make it selection process a little easier on you. Type in your zip code and click the search bar to immediately access qualified divorce lawyers in your area or browse through your options via state or field of practice. Schedule a few consultations with promising attorneys, ask them your questions and soon you’ll have an experienced legal professional to take some of that weight off your shoulders!

40% to 50% of first marriages will end up in divorce. The figures are higher for subsequent marriages.

Irrespective of how you arrived at the decision to get divorced, this is a tumultuous time for most couples. It is even worse if children are involved.

Still, going through the divorce process is the only way to sever that relationship and get clarity on matters like the kid’s custody and asset division.

Divorce litigation and divorce mediation are the two ways that can get you there. However, which option is best for your situation?

Let’s look at what each entails and which one is best for you.

What Is Divorce Litigation?

A divorce goes through many steps and processes, with the steps varying from state to state and couple to couple.

Usually, each party hires its own lawyer to identify and negotiate issues about their divorce on their behalf.

These two lawyers become central to the divorce and enter negotiations regarding their client issues.

If the two cannot agree on one or two issues, the divorce is moved to a family court. Here, a court date is set, and each attorney will prepare their case alongside their client.

All documents regarding the case are presented, and the lawyers make their arguments in front of a judge. Witnesses and other external experts might be called to testify as well.

At times, the couple’s children take the stand too.
Ultimately, the sitting judge will make a judgment regarding child custody, time-sharing, alimony, child support and division of assets.

What Is Divorce Mediation?

A mediator is an independent, objective person who helps people resolve conflict amicably.

For people trying to end their marriage, the divorce itself is the conflict. Issues like kids, custody, and asset division are among the things they have to resolve.
A successful mediation helps them settle these issues out of court.

While a good mediator is an active participant in mediation talks, the spouses have a say in the decision making. It is important to note that mediators are not necessarily lawyers.

Mediator vs. Lawyer

This choice is dependent on the individual circumstances of your divorce case. Some will favor mediation, while others require divorce lawyers. Keep reading to find out which you should go for.

When to Use Mediation

This is a less confrontational approach to divorce and is best if you want to settle things quietly. Go for it in the following circumstances.

1. You Want to Protect Your Kids

Your kids stand over and above all the other circumstances surrounding the divorce. While divorce is tough on parents, it’s tougher on kids.

Any steps you take to protect your kids and maintain a semblance of united family unit-despite the divorce-are worth looking into.

Mediation allows you to negotiate as parents other than opposing teams. This is favorable for custody, co-parenting and timesharing.

When handled properly and level-headedly, a mediation ensures that the kids come first and that parents do not end up pitting the kids against each other.

2. You Want to Save Money

Litigation fees are higher that mediation fees. If the divorce drags out or has some complicated aspects to it, divorce attorney’s fees might go through the roof.

By opting for mediation, you can save a pretty penny on your divorce.

3. You Want a Peaceful Process

Divorces can get ugly. Custody and asset sharing are both emotive topics that can muddle the process even farther.

When parties engage in accusations and counter-accusations to get an edge over their partner, the process gets acrimonious pretty quickly.

By opting to have your divorce mediated, both parties agree to focus on the issues as opposed to mudslinging and getting an edge over each other.

It’s on this premise that divorce mediation is peacefully carried out.

4. You Want a Quick Process

Comparatively speaking, mediated divorces take much less time than divorce litigation.

The back and forth between attorneys make a litigated divorce drag out much longer. In mediation, all matters are brought up and are tabled for real-time discussion and resolution.

This settles issues much faster than attorneys going back and forth on each individual matter.

5. You Want Control over the Process

Mediation gives you and your husband full control to customize your agreement to your specific needs.

This control and empowerment yield a fair agreement to both of you. When no one walks away feeling cheated, the process of healing and co-parenting becomes significantly easier.

When is Divorce Litigation the Best Way Forward?

This process involves a judge and might take longer than mediation. Use it in the following circumstances.

1. You Fear For Your Safety

Your safety should be a primary concern. If the relationship is characterized by power imbalances where one party is unable to speak for themselves, then litigation is the only way out.

The same goes for when there is a restraining order in place. Or the marriage being dissolved is highly volatile and abusive.

Currently, 10 million women and men are in physically abusive relationships. In this case, litigation is best.

2. Asset Hiding

Mediation requires transparency and good faith.

If you have evidence that your spouse is hiding debts or assets, then mediation is not a good option. The same is true for when you suspect your spouse’s business dealings are not above board.

In such cases, a divorce lawyer can, through the courts, compel your spouse to make full disclosure and provide documentation to uncover the truth.

3. Your Spouse Is Incapacitated

Mediation provides a space for self-determination, where either party is encouraged to articulate their wishes and interest in the negotiations.

Your spouse might be unable to do this for themselves due to drug addiction or other factors that may lead to a diminished mental state.

In this case, opting for litigation allows a judge to make a determination on your divorce.

4. One Party Is Against Mediation

Unlike litigation, mediation is a voluntary process. Both of you must be willing to participate in the process for it to be successful.

If you are for mediation but your spouse is against it, litigation is the second best option.

Which Route Should You Take?

Sometimes a divorce that starts with mediation can end up in divorce litigation and vice versa. Ultimately, it takes two well-meaning parties to have an amicable dissolution of a marriage.

At Family Law Attorneys Near Me, we know that finding a good family lawyer amid your divorce can be yet another stressful task you should not have to deal with.

For this reason, we have listed over 2000+ top attorneys to help you find the best one in your locality. Click this link to get started.

Sources

[1] Marriage and Divorce. (n.d.). Retrieved from https://www.apa.org/topics/divorce/
[2] Choosing an Effective Mediator. (n.d.). Retrieved from https://www.americanbar.org/groups/young_lawyers/publications/tyl/topics/litigation/choosing-effective-mediator/