Deciding to get a divorce is hard and fraught with emotion. Suddenly, you don’t know what to expect from life going forward, and you fear the unknown. For starters, you may not even know how to go about getting the divorce or whom to talk to. By talking to divorce lawyers in Overland Park, you may discover that there are several different options available to those seeking a divorce, some of which are less destructive and less expensive than you might imagine. Read on to discover the different kinds of divorce; it may help you make a more informed decision.
Collaborative Divorce
If, despite your differences, you can still communicate with civility with your partner, a collaborative divorce may work for you. If you can both be open and honest about all the relevant items, you may meet with both of your lawyers and work out the terms of the divorce. If an agreement cannot be reached, you may have to look for a new lawyer and start the process through a different type of divorce.
Contested Divorce
As opposed to the previous option, in a contested divorce, you and your partner may not agree on anything, particularly when it comes to the children and the division of marital property. This is a slow process with many meetings and hearings. If, after all this, no agreement is reached, the divorce ends up in court.
Default Divorce
If your spouse has gone missing or lost contact with you for several years, the judge will grant a default divorce after giving your spouse a certain time to respond and receiving no answer. Their silence is taken to mean that they accept the divorce terms.
Fault Divorce
This is a traditional divorce in which one spouse must prove that it was the other one who caused the breakdown. This divorce is used in cases of adultery but also where there is criminal activity involved. If your spouse has been incarcerated after committing a crime such as child molestation or murder, you may file for this type of divorce.
Mediated Divorce
In a mediated divorce, a neutral third party functions as a mediator between both spouses. It is an option to consider when the communication between both parties has broken down completely. It is then up to the mediator to relay information between the parties. The mediator has no authority or ability to make any decision on behalf of either party.
No-Fault Divorce
This type of divorce no longer requires evidence that something was going on, such as adultery. In this case, one of the parties will simply state that there are irreconcilable differences and that this is the reason for the divorce. The other party has a right to contest it, but these divorces largely go uncontested.
Uncontested Divorce
This is a fast and inexpensive way to get a divorce. Through it, both parties agree to the divorce and work together to come up with the terms that work for both. There is little or no lawyer interaction, and the paperwork can be handled with very little cost. This type of divorce rarely, if ever, ends up in court, and the judge will usually grant the divorce decree within a very short period.
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