Understanding Divorce Law

Divorce is the act of dissolving a marriage after fallout or a disagreement between the two couples. It is considered as a termination of marriage or marital union and breaking the bond of matrimony between married couples based on a recognized law of a particular state or country.

Divorce laws differ considerably from one country to another and from one state to another. In most countries, a sanction of the court is required in order for the divorce to be legally recognized and served. Divorce legal process may involve issues of child custody, alimony, child visitation, division of debt, distribution and sharing of property, child support and many more.

Divorce may be a hotly contested issue considering that it may involve a long process of arguments, emotions, separation with other loved ones and even loss of wealth and resources. Before a couple is handed divorce, they have to clearly explain the reason behind marriage coming to an end. There are different types of divorce which are:

Uncontested Divorce

Uncontested divorce is whereby the two parties are able to come to an agreement concerning issues like child support, property sharing, debt sharing and many other issues. It is not necessarily important to involves lawyers or counsel as long as the two parties agree on contagious issues. In this settlement, there is no need for court battles or hearing, settlement negotiations or other court procedures. The two parties will only need to fill separate paperwork with the court before separating.

Collaborative Divorce

This is a method of divorce where couples come to an agreement on certain issues without necessarily going to court. The two parties just seek the assistance of a qualified attorney but have to sign an agreement committing themselves to amicably work together and come to an agreement without any issue.

Default Divorce

This happens where one spouse files for divorce and the other party doesn’t respond. It is popularly known as divorce in absentia. The divorce will be granted by default without the non-responsive spouse having to appear before the court.

Contested Divorce

In this divorce, each spouse hires an attorney who each takes contagious issues to court and argues out for their clients for the judge to decide and make a ruling. It involves intensive court battles in hearings, settlement negotiations, and even child custody.

Summary Divorce

It is also known as simple divorce and is applied where the two parties are able to meet certain eligibility requirements or are in a position to agree on some key issues. In these setting, couples lack substantial assets, have not lived together for long, have no children and therefore they are in a position to cooperate and easily come to an agreement. The two parties are only required to fill and file few forms to complete the process.

Arbitration

This is where divorcing couples decide to solve some of their binding and contagious issues outside court but cannot agree on their own and opt for arbitration. An arbitrator, who is a private judge, weights the matter of both sides as a third party and makes a judgment just like in court.

These are the most common types of divorce law which are legally recognized. https://ankinlaw.com have the best lawyers who are well acquainted and experienced in divorce law.

 

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