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Types of Divorce Explained

Although most people immediately assume that divorce has to be stressful and full of arguments over property and asset division, that isn’t always the case. In fact, there are many different forms of divorce that you and your spouse can use to separate from one another. In this blog, we talk about some of these forms of divorce to help you decide which one is right for your situation.

No-Fault Divorce

Not too long ago, the burden fell on the spouse who wanted the divorce to prove wrongdoing by the other party to justify the divorce. Common reasons used to justify divorce included adultery, extreme cruelty, abandonment, and domestic abuse. Although most states have done away with proving fault and switched to a no-fault approach that acknowledges both parties have contributed to the breakdown of the marriage, three states still have laws that require fault to be proven – Arizona, Arkansas, and Louisiana. Some states also provide the “fault” option along with the no-fault one. No-fault divorces are standard practice for couples who don’t expect a lot of disputes about matters like separating assets.

Contested Divorce

This kind of divorce is the conventional “heated” divorce that you often see on TV and in movies. It generally involves both spouses hiring separate attorneys and taking contentious issues to court for a judge to make a ruling. The formal process of a contested divorce typically involves hearings, settlement negotiations, and even a trial in some situations. A contested divorce might be required if both spouses have a high net worth, considerable assets, and other financial liabilities that might be at stake during the proceedings.

Abandonment Divorce

A spouse can have the grounds to divorce if the other spouse suddenly leaves the marriage. This is known as an abandonment divorce. Abandonment occurs when one spouse leaves the other without consent. Similar to adultery, proving that your spouse has deserted you requires you to establish that they left for more than a year, you failed to agree about the departure, your spouse failed to pay support, and the departure was not caused by you.

Are you ready to divorce your spouse? Do you need help getting started? Call (601) 843-0985, or contact our team of Madison County divorce attorneys to schedule your consultation today.

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