Remember Me
forgot your password?

What are the Different Ways of Getting a Divorce?

Introduction

Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse. Divorce existed in antiquity, dating at least back to ancient Mesopotamia and was granted only because one party to the marriage had violated a sacred vow to the "innocent spouse. Divorce before the 1920's was based on the husband not providing 'life' necessities' for his child and wife.

Often, however, the spouses disagree about the terms of the divorce, which can lead to stressful and expensive litigation. Divorce mediation is an alternative to traditional divorce litigation. Divorce mediation can be significantly less expensive than litigation.

Divorce

Less adversarial approaches to divorce settlements have recently emerged, such as mediation and collaborative divorce, which negotiate mutually acceptable resolution to conflicts.

No Fault Divorce

Under a no-fault divorce system the dissolution of a marriage does not require an allegation or proof of fault of either party to be shown. Common reasons for no-fault divorce include: incompatibility, irreconcilable differences, and irremediable breakdown of the marriage. Forty-nine of the United States have adopted no-fault divorce laws. Fault divorces used to be the only way to break a marriage, and people who had differences only had the option to separate (and were prevented from legally remarrying). Fault divorce can affect the distribution of property, and will allow an immediate divorce, in states where there is a waiting period required for no-fault divorce.

Collaborative Divorce

Collaborative divorce is becoming a popular method for divorcing couples to come to agreement on divorce issues. In a collaborative divorce, the parties negotiate an agreed resolution with the assistance of attorneys who are trained in the collaborative divorce process and in mediation, and often with the assistance of a neutral financial specialist and/or divorce coach(es). Once the collaborative divorce starts, the lawyers are disqualified from representing the parties in a contested legal proceeding, should the collaborative law process end prematurely. Most attorneys who practice collaborative divorce claim that it can be substantially less expensive than other divorce methods (regular divorce or mediation). Furthermore, there are no set enforceable timelines for completion of a divorce using collabrative divorce.

Divorce Mediation

In a divorce mediation session, a mediator facilitates the discussion between the husband and wife by assisting with communication and providing information and suggestions to help resolve differences. At the end of the mediation process, the separating parties have typically developed a tailored divorce agreement that can be submitted to the court. The terms of the divorce are also determined by the court, though they may take into account prenuptial agreements or postnuptial agreements, or simply ratify terms that the spouses have agreed on privately.

Other Considerations

In their detailed analysis of divorce rates, Kuhn and Guidubaldi conclude that acceptance of joint physical custody may reduce divorce. There are significant emotional, financial, medical and psychological implications of divorce. A defense is expensive, and not usually practical as eventually most divorces are granted. It is estimated that upwards of 95% of divorces in the US are "uncontested," because the two parties are able to come to an agreement (either with or without lawyers/mediators/collaborative counsel) about the property, children and support issues. When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is almost guaranteed.

Trevor Kassulke

Trevor Kassulke owns and operates http://www.divorcedotcom.com How To Get A Divorce.
For more information, see Causes Of Divorce

Rate this Article: 0 / 5 stars - 0 vote(s)
Print Email Re-Publish

Add new Comment



Captcha

  • Latest Divorce Articles
  • More from Trevor Kassulke

Save Marriage Before It Is Too Late – Notice The Sign of Trouble That May Lead To The Break Up

By: Natalie J. Jones | 10/11/2009
It need not take your time till you actually get the divorce papers in your hand, to realize that your marriage is in trouble. There are always various subtle and not so subtle signs that tell you that your marriage is on the rocks. The sooner you read these signs and act upon them, the better it will be to save marriage. Let us look at some of these signs here.

Public Divorce Records Through Online Divorce Records

By: Ben Dave | 10/11/2009
Through mail, telephone, fax, or walk-in, you will be able to perform a Divorce Records Search. It can also be downloaded online since this is now the latest in the society.

How To Stop My Divorce Right Now

By: Makoo L. | 10/11/2009
You and your partner got into an argument or fight and you said “that’s it I want a divorce!” After a short time you realize that is not want you want, unfortunately you let your emotions get the best of you and burst out in anger. Now you want to know “how to stop my divorce.”

Fighting a False Restraining Order - How To Safely Maneuver This Legal Minefield

By: Drew P. Spaeth | 10/11/2009
Unfortunately, as divorce has become a cottage industry, the filing of a false restraining order has become more & more common as a child custody & alimony tactic. If you are on the receiving end of a false restraining order, you have a minefield of obstacles to maneuver in order to clear your name & get back the custody of your kids. Any 1 mistake can land you in jail. Make sure you are well informed so avoid you can avoid the traps.

How to Beat a Restraining Order That Was Falsely Filed-Do Not Make This Fatal Mistake!

By: Drew P. Spaeth | 10/11/2009
In today's political climate, divorce has become a cottage industry & one result has been a huge increase in the filing of false restraining orders in divorce cases. Most often, this affects the man in the divorce. If you are in this situation, you must learn how to beat a restraining order if you are to have any future contact with your children & save your reputation.

How to stop a divorce and save your relationship

By: Martin Rose | 09/11/2009
This article discusses a common sense approach to stopping a divorce and trying to save your relationship. There are no sure proof methods but hopefully you and your partner want to work it out.

How To Stop A Divorce - 7 Divorce Tips You Need To Know

By: JD Dean | 09/11/2009
Knowing how to stop a divorce requires some co-operation on the part of both people involved in the relationship.

Stop Your Divorce - 6 Step System To Saving Your Marriage

By: JD Dean | 09/11/2009
Unless abuse or a loveless marriage are affecting your relationship situation and divorce is high on the agenda, know that it's still not too late to stop your divorce.

Halloween Costumes for Dogs

By: Trevor Kassulke | 08/10/2009 | Pets
If you want to take your dog along with you for Halloween, it'll be more fun if they're dressed up with you. There are some easy accessories that can dress your dog up. But why not go all out for a full costume.

Thrush, Eating Habits, Fungus and Your Diet

By: Trevor Kassulke | 16/07/2009 | Women's Health
Slightly changing your nutritional routine is one of the most effortless techniques to combat yeast. However, the greatest ways to cease too much yeast, is by eating different foods. When beginning to go on your expedition to get rid of the overgrowth of candida, there are plenty of foods that need to be avoided.

What Accessories Can You Get for Your Chevy Hhr?

By: Trevor Kassulke | 15/05/2008 | SUVs
No matter which of the 5 models of the 2007 Chevy HHR series, you will find lots of accessories to enhance the standard ones on your model

Tips for Avoiding Fraudulent Truck Performance Accessories!

By: Trevor Kassulke | 15/05/2008 | Trucks
Most of these discount high performance car and truck accessories and parts sacrifice quality and safety with more inexpensive and less strong materials.

What are the Different Ways of Getting a Divorce?

By: Trevor Kassulke | 15/05/2008 | Divorce
Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse. Often, however, the spouses disagree about the terms of the divorce, which can lead to stressful and expensive litigation. Divorce mediation is an alternative to traditional divorce litigation. Divorce mediation can be significantly less expensive than litigation.

Are Mp3 Audio Books Beneficial for Children to Learn About Literature?

By: Trevor Kassulke | 02/05/2008 | Childhood Education
Technology is changing the way children are learning. Is this always for the better. For example, are mp3 audiobooks a beneficial way for children to become knowledgeable in literature?

Customize Your Vehicle for the Way You Live!

By: Trevor Kassulke | 02/05/2008 | Trucks
The realm of trucks and cars accessories is huge. There are a number of web sites that will help you sift through, filled with tips on custom car accessories, where to find them and how to use them.

Submit Your Articles Free: Signup
Article Categories




Use of this web site constitutes acceptance of the Terms Of Use and Privacy Policy | User published content is licensed under a Creative Commons License.
Copyright © 2005-2008 Free Articles by ArticlesBase.com, All rights reserved. (0.15, 1, w1)