Types of Divorce

There are several types of divorce you may come across as you learn more about the process; not all are available or possible in every state, but it’s still useful to understand the terminology.

Absolute Divorce

Absolute divorce refers to complete legal dissolution of marriage. This is generally what people are thinking of when they consider “divorce.”

Limited Divorce

Limited divorce, only allowed in some states, is similar to legal separation in that the parties physically live apart and have no sexual contact; limited divorce may be granted where there are no solid grounds on which to base an absolute divorce or in situations in which the parties need time to sort out financial and property issues as well as those concerning custody, child support, alimony, and the like.

No-Fault Divorce

No-fault divorce is exactly what it sounds like: divorce is permitted even without the allegations of any fault. The concept of no-fault divorce exists because years ago, the only way to get a divorce in any state was to allege some sort of fault by the other party, e.g., adultery, physical abuse, emotional abuse, etc.

No-fault divorce permits the parties to divorce based simply on “irreconcilable differences” or “incompatibility” and doesn’t require any other “grounds” for divorce.

It is important to note that not all states allow no-fault divorce, although most do. Some states that follow no-fault rules won’t even consider fault even if there is some alleged, so it is important that you know the laws of your state when proceeding on a divorce claim.

Simplified Divorce

A simplified divorce is one that is both no-fault and uncontested (see below). If your state allows simplified divorce and you have only been married for a  short time with few combined assets, this is often an excellent route to go — especially if you want things over quickly and relatively easily.

Uncontested Divorce

An uncontested divorce is one in which the parties both agree to end the marriage as well as how to divide assets, property, debt, etc.

With uncontested divorces, it is especially important for the parties to consult with legal professionals to make sure all of their rights are being represented; sometimes in the desire to get past a divorce, parties may rush past important steps just to be done with things, but in the long run, it’s best to make well-informed decisions at the time of divorce.