In modern times, divorce can be a fact of life. Whether it’s because the relationship simply ceased to work between the married parties or it’s due to the actions of one or both people involved, divorce can be an effective solution to a difficult situation. At The Law Office of Olga A. Koplik, PC., we’re committed to helping our clients find the best possible legal options, and there are different types of divorces that may fit a situation better than others.
Types of Divorce
Fault vs. No-Fault
In the past, the partner seeking divorce would be required to prove wrongdoing by the other partner in order to receive a divorce. However, proving fault is optional now, allowing for an option called ‘no-fault’, meaning that neither partner has to prove wrongdoing or actions that caused the necessity for divorce filings.
Collaborative divorces are an effective incentive for couples who are willing to work together to divorce amicably throughout the process. At the beginning of proceedings, the couple will sign a legal agreement stating that they intend to work together to come to an agreement, but if this work fails and the couple is not successful, they have to start from square one. Attorneys will be involved in this process but must withdraw if the couple fails to come to an agreement and needs to start over.
An uncontested divorce can sometimes be the easiest solution, especially if the parties involved in the divorce both agree on terms and division of assets before filing. Uncontested divorces involve both parties filing paperwork separately and don’t require hearings, settlements, or other court proceedings.
Arbitration vs. Mediation
When divorcing couples are looking for help with settling contentious matters, they can take one of two paths; arbitration or mediation. Arbitration involves using a judge as a third party to make a final ruling based on information provided by both parties. Mediation, on the other hand, utilizes a third party to facilitate an agreement between both parties when they cannot agree otherwise.