Nobody goes into a marriage expecting to get a divorce. However, it’s the reality of the situation sometimes as some marriages are far too broken to mend. When this is the case, it can seem like you are trapped in a situation with no one to turn to.
In times of a divorce, it’s important to remember that you do have options. You can benefit from knowing what types of divorce there are, what they entail, how they will affect you once your divorce is finalized, and how a divorce lawyer can help you decide what’s best for your specific circumstances.
With this type of divorce, both spouses are referred to as the “petitioners,” and they both agree that the marriage cannot be saved. Spouses looking to separate can seek this type of divorce if:
There are no minor children from the marriage
The wife is not pregnant at the time of filing
Both spouses complete a Financial Affidavit, or a written declaration regarding property and finances
Both spouses complete a property settlement agreement, which is an agreement that settles all property issues
Both agree on the division of property and finances
Neither spouse is seeking alimony
The couple is willing to give up their right to trial and appeal
Because there are many requirements that couples must meet in order to seek this type of divorce, not all qualify. You should contact an experienced family law and divorce attorney who can help you decide if you and your partner qualify for a simplified divorce.
Similar to a simplified divorce, this is one in which both parties agree on financial, property and custody-related issues. Because of this, some steps of a traditional litigated divorce can be skipped. In this case, both spouses will be required to testify at a hearing that will make the divorce final. This process usually saves both time and money and allows the divorce to be finalized amicably.
Although you always hope that you and your spouse can come to an agreement in the divorce process, this isn’t always necessarily the case. Tensions are high during a divorce, and some spouses have difficulty dividing marital property, finances, and child custody. A contested divorce is one in which the spouses cannot agree on terms. The process usually starts with a lawsuit, and usually a countersuit, and then the parties will exchange financial information and attend mediation.
Mediation is the process in which you and your spouse, your respective lawyers, and a mediator meet together in an effort to discuss the disagreements and attempt to resolve them. If mediation fails, a contested hearing or a trial will occur to settle these issues. This type of divorce is typically more time-consuming, although it’s sometimes necessary to finalize a divorce.
Couples who seek this divorce are open to negotiating their differences and agreeing on important issues in advance. The main benefit of this type of divorce is that you can avoid litigation. Collaborative divorce is also beneficial because it’s typically:
Less costly than other forms of divorce
Allows spouses to work together to reach solutions
Offers an informal approach where everyone is open and honest about their wants and needs
Allows each spouse to have access to a lawyer who will help them negotiate correctly
Experienced Divorce Attorney in Coconut Creek
Whether you and your spouse agree or disagree during a divorce, you have options to choose that will benefit you. Divorce can be messy and time-consuming, but you don’t have to go through it alone. At The Law Offices of Jonny Kousa, we have years of experience assisting couples with difficult decisions and finding a solution that is most suited for their needs.
Contact our experienced divorce attorney at (954) 626-8071 if you need assistance deciding which type of divorce would be right for you.