Types of Divorce
For many people, a divorce is a divorce, without thinking that there are, in fact, a number of different types of divorces available. Each situation and each marriage is different, and so there are different ways a family lawyer can help you deal with divorce. Depending on what kind of divorce you are looking for, you will need the services of a family lawyer to ensure that you get fair treatment and the proceedings go in your best interest.
What Types of Divorce Can a Lawyer in Rancho Cucamonga Help With?
A family lawyer deals with all kinds of divorce . The most common types of divorce are contested divorces, which have been made popular by movies and television. In reality, many divorces are pretty mundane. Some people elect to have a summary divorce, others a mediated or negotiated divorce. There are fault and no-fault divorces, collaborative divorces, and even default divorces. All these have their own individual set of circumstances, and each has laws that apply specifically to them. It is best to consult with a lawyer in Rancho Cucamonga to get clarity.
A contested divorce, as we mentioned earlier, is usually one where there is a level of contention between the soon-to-be former spouses. A judge will hear the case and make the ultimate ruling on things like custody of children, alimony and child support, and division of the couple’s property. The process of getting a contested divorce is where a family lawyer will be most heavily involved. There will be depositions, settlement negotiations, and hearings before the cases can be presented to a family court judge for hearing.
A summary divorce is also known as an expedited divorce because the court system speeds it along. Typically, to be eligible for a summary divorce, the couple has to be married for a short period of time, usually less than five years. They also have to have very little to no property together and cannot have children. Additionally, there should not be any significant joint debts. This is one of the easiest kinds of divorces to obtain, since there is really nothing for a family lawyer or you to fight over.
Mediated or Arbitrated Divorce
A mediated divorce is where you and your spouse have a mutually neutral mediator who facilitates the conversation. The mediator does not make any binding recommendations but is there to speak with you and your spouse – and your family law practitioner, as needed – to facilitate an easier divorce process. Similar yet different in one fundamental way, are arbitrated divorces. An arbitrated divorce happens when the couple and their family lawyers hire a retired judge to arbitrate the mediated divorce. The difference is that you agree to be bound by the recommendations made by the judge at the end of the process.
Fault and No-Fault Divorces
In times past, a family law attorney would need to demonstrate to the court that the other party was responsible for the irreconcilable breakdown of the marriage. In essence, it assigned blame or fault for the failure of the marriage. Today, we have what is known as a no-fault divorce . In this case, the lawyers or you simply get to state under oath that the marriage is irreconcilably broken and the parties want it terminated with no blame, or no-fault, assigned to either party for the breakdown of the marriage.
A collaborative divorce is perhaps one of the most interesting ways to settle matters when it comes to family law and family law attorneys. In a collaborative divorce, the parties agree to work together to separate all their property, custody, and other issues that would otherwise be decided by the courts. Each side hires legal counsel, with the caveat that if the collaborative process breaks down and the couple has to look at other types of divorce, the family law lawyers they hired must withdraw and a new set of attorneys will take them to trial. The goal remains for both parties to work together in collaboration to reach a fair and amicable solution.
One of the more uncommon ways to get a divorce is the default divorce, which is so rare, few family law practitioners will ever tell you about it. In order to get a default divorce, one party will have to fail to participate at all. If your spouse fails to participate in the proceedings at all, a default divorce would typically be granted. An example of this is a spouse who goes missing and cannot be located to participate in the proceedings.
There are many ways to get a divorce and many types of divorces a lawyer in Rancho Cucamonga can help with. If you are thinking about getting a divorce, in the process of getting a divorce, or otherwise need the services of a family law attorney, contact The Law Office of Laurence J. Brock HERE or call (909) 466-7661 .