Divorce becomes a necessity when the marriage is no longer peaceful, and the couple cannot bring themselves to keep the commitment. Consult divorce lawyer Kenosha to get legal assistance in your divorce procedure. The various approaches to divorce are as follows:
Fault and No-Fault Divorce
Divorce is granted in some states based on proving fault, which includes acts of adultery, abandonment, etc. Many states have a no-fault divorce process, which is considered standard practice. It is a good approach for couples with a limited number of assets or conflicts.
The Uncontested Divorce
An uncontested divorce is a collaboration between the spouses to decide the divorce terms together. Both sides file their documents to the court individually and reach a peaceful consensus with the court’s help. This type of divorce is a good approach for people looking to avoid court procedures.
In cases where the couple cannot come to an agreement themselves but still does not wish to take the matter into probate court, arbitration comes into play. This approach requires a private judge, who is also called the arbitrator. They consider both parties’ cases without bias and gives judgment like a court judge.
Mediation is used by couples looking for a peaceful negotiation without the court’s help. In this, a mediator plays a vital role and helps to mediate complicated conversations between the couple to reach a beneficial conclusion, which usually works for cooperative couples.
Mediation is an inexpensive approach, and the mediator does not make any decisions about the matter, unlike the arbitrator.
Collaborative divorce is another approach that has no requirement for a court. Under collaborative law, both spouses keep their attorneys. The spouses willing to divorce must sign an agreement, in the beginning to promise to work together to achieve a conclusion. Failure to keep this agreement leads to withdrawal by the attorneys, and the couple will be required to restart the process. However, collaborative divorce costs a lot of money and is often a motivating factor for couples to get along until both reach an agreement.
In certain instances, one of the spouses takes off without responding to the petitions for divorce filed by their partner. The court provides divorce in such cases by “default” and without the presence of the alienated spouse.
This is the simplest type of divorce used in cases with cooperative couples without children or large assets.
A contested is a complicated type of divorce usually used in cases involving uncooperative couples with a lot of wealth and children. This happens when controversial issues take place between the couple.
Same-sex divorce is used to split same-sex marriages. The procedure and regulations are similar to those of heterosexual marriages and their separation.