If you haven't researched your divorce options, you might not know that there are various ways to end a marriage. Below are some of the ways you can execute your divorce.
The legal premise is the reason for filing the divorce or the legal reason the court will use to grant your divorce application.
A fault divorce involves the filing partner citing a legal ground for the divorce. Some of the typical grounds for divorce include mental illness, unfaithfulness, desertion, and cruelty, among others. You need proof for the divorce ground for the ground to grant your wishes. Not all states recognize fault divorces.
A no-fault divorce allows you to divorce without having to prove a legal ground for your application. You just need to tell the court that the two of you have irreconcilable differences, and your marriage cannot continue. Virtually all states recognize no-fault divorces.
Once one of you has filed for divorce, here are the two approaches you can take with it.
For a contested divorce, the two of you cannot agree with each other on all the issues of the divorce. You have to file your case in court and let it decide the contested issues on your behalf.
For an uncontested divorce, you work out all your issues without involving the court. You then present your agreement to the court for its ratification.
Here are the common ways or processes in which people divorce:
Pro Se Divorce
A pro se divorce involves you filing and completing your divorce process without using an attorney. The process can only work if you know the procedures for filing a divorce in your state. Only those who have opted for an uncontested divorce should try pro se divorce.
In a collaborative divorce, you sit together with your partner and negotiate your divorce issues. You can each hire a divorce law attorney, but you get to resolve your issues outside the courtroom.
Divorce mediation also involves negotiations outside the courtroom, just as is the case with collaboration. For mediation, however, you need a neutral third party to facilitate the process.
Divorce litigation involves filing your divorce in court. The judge then listens to your respective cases and makes a ruling. Divorce litigation takes time and money. Many people only opt for litigation after failing in other alternative divorce methods.
Irrespective of how you want to divorce, you will probably need a divorce lawyer to help you. At the very least, the lawyer can give you legal advice for every stage of the divorce.
We all know that lawyers are professionals who help people interpret and work with the law, but do you know how a law firm works from the inside out? I am a professional paralegal, and I have worked in both large and small law firms during my career. I can tell you that a successful law firm needs more than just lawyers to keep it running smoothly, and sometimes things can get really crazy! Take a tour through a law firm in my blog, and find out what really goes on behind the scenes of an active and successful law firm.