torn piece of paper with divorce text and paper couple figures

Understanding Divorce Cases by Their Types

No one walks down the aisle thinking that they will be getting a divorce. It is no wonder that when it becomes necessary, couples become so broken by it that they lose sight of what is important. As the days around a divorce are often charged with emotion, it is highly recommended to work with an attorney to help settle all the issues involved.

In Nassau County, a divorce lawyer performs many responsibilities. They help draft and serve the divorce papers, oversee the division of the couple’s properties, and help with the child custody case. They also help should it become necessary to go to court.

The following are the types of divorce cases you will likely see:

Uncontested divorce

If there were an ideal divorce, this would be it. Here, the couples agree that separation is necessary. They authorize their attorneys to decide on their behalf. As a lot of it is as cordial as it gets, there are hardly misunderstandings, so no trial is necessary. Often, both parties will agree on the divorce terms. This divorce is usually the fastest, the simplest, and the easiest on the pocket for the involved parties.

Contested divorce

Many of the complications surrounding separation arise from the inability of the two parties to agree. Here, the lawyer’s job is to get each side see the other’s view so that they can negotiate issues regarding spousal support, property division, and child custody. If the two parties fail to agree, the case goes to court. Hearings seek to settle the issues that came up based on as much evidence as they can find.

Collaborative divorce

In a collaborative divorce, each party works with a lawyer independently to get an agreement and not go on trial. If the lawyers fail to settle, they resign and let the divorcing parties start the process from scratch with a new set of lawyers.

In this type of divorce, the parties have to cooperate and be willing to practice good faith in their negotiations. It is essential that the parties are honest so that fairness is possible. In most cases, the team of lawyers will include a neutral financial expert whose job it is to facilitate the meetings.

Default divorce

divorce decree document

In this type of divorce, one party will file for a divorce and the papers will be served to the other. If the served party fails to respond within the required time, the one who submitted is granted a divorce by default. The judge has the power to give this divorce and may grant it in cases where one party could not be found.

Summary divorce

This divorce is more common in some states than others and often governs short marriages. A marriage will be considered short if it did not exceed five years. Couples get this type of divorce if they did not share a lot of property, have no children, and have little joint debts. Even in this case, each one of the partners needs their lawyer.

Regardless of the type of divorce you find yourself involved in, it is best to work with a divorce attorney. They will advocate for your interests and offer objective advice. If children are involved, seek what is best for them, as well.