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5 Types of Divorce Cases

Are you planning on divorcing your spouse? Do you have questions about which type of divorce you should file? In this blog, our lawyers tell you what you need to know about the following 5 types of divorce cases.

#1: Uncontested Divorce

This type of divorce is usually the ideal option for most couples seeking to end their marriage. With an uncontested divorce, both spouses work with attorneys to reach a divorce agreement instead of going to trial. Because both parties agree on the terms of the divorce, a trial is not needed. Uncontested divorce is usually the simplest, quickest, and least expensive way to resolve your divorce matters.

#2: Contested Divorce

Some couples opt for a contested divorce when they can agree on issues like spousal support, property division, and child custody. Although each party is trying to negotiate a settlement with their attorneys, the case can end up going to trial if one of the parties won’t budge on the terms of the agreement. Contested divorces usually require numerous hearings and settlement negotiations.

#3: Collaborative Divorce

Both parties work their own collaborative attorney to come up with a fair agreement that doesn’t require going to court. If a collaborative divorce doesn’t settle, the attorney resigns from the case and both parties have to start again from the beginning with new lawyers. Collaborative divorce only works if both parties are willing to negotiate in good faith and cooperate with one another.

#4: Default Divorce

If you file for divorce but the other party doesn’t respond, the court can decide to grant a default divorce. Courts usually issue a default divorce if one spouse can’t be located, never returns from a foreign country, or leaves the jurisdiction without notice or reason.

#5: Summary Divorce

If you’ve only been married for a short period of time, usually less than five years, you might be able to file for a summary divorce. Couples who choose this option tend to have small joint debts, no children, and little property to divide.

No matter which divorce option you choose, you should consult with an experienced lawyer to make sure all of your rights and interest are fully protected. Call (704) 343-8811 to request your free consultation with one of our family law lawyers in Charlotte.

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