Types of Divorce - Essay Example

Types of Divorce There are various reasons why couples want to end up their marriages. On the other hand, whatever the purposes of either spouses are for get out of their marital status, it is rather important to understand the various ways in which they could get out of their marriage. As more and more married couples go through divorce, not many of them have as much knowledge regarding the different types of divorce, which have diversely varied procedures. Since the law understands that people, especially married couples, have the right to get in and get out of marriage, they have provided them as well with their right to choose how they would like to end up their relationship as husband and wife.

Although it has been a common understanding that getting a divorce is tedious and expensive process, knowing the different ways of how to get one would make each of the couples avoid being caught off-guard should they decide to break of from their marriage. In the same way, knowing the different grounds for divorce would allow each of the couple to go through the process in an emotionally and psychologically convenient manner. During the early days when divorce was not a common trend in the society, in order for a spouse to get out of the marriage, he or she has to prove that the other has neglected the solemnity of their marriage.

Such marital negligence or abuse includes adultery, physical abuse or desertion (Doskow, n.d.). Unless either of the spouses was able to provide sufficient evidence that their husband or wife commits such grave condition, they will not be able to obtain their freedom from their marital status. On the other hand as more and more matrimonies continue to seek liberation from their spouses for grounds that are not are not covered by fault divorce, another option was passed and recognized by the law in order for the couples to be separated legally from their spouses.

No-fault divorce is another option for married couples whose relationship does not involve any of the conditions above. This type of divorce rather recognizes the couples’ "irreconcilable differences" where any issues that surround both of them could no longer be solved. In addition, they may file a no-fault divorce as well should they think their relationship is at an "irremediable breakdown" state (Doskow, n.d.). A divorce may either be contested and uncontested too. These two types of divorce may be applicable to couples who have difficulty resolving issues concerning their properties and assets, as well as support and custody.

Uncontested divorce may be filed in court when couples come to a mutual settlement of all their properties including child support and custody (Obringer, n.d.). If neither of the spouses cooperates in the division of rights and properties, one or both may file a contested divorce where a court trial may take place and the judge makes the final decision. Otherwise, the couple may peacefully go on with their lives an appearance in court is no longer necessary (Doskow, n.d.). Mediated and collaborative divorce may be similar in some ways though they differ in many ways.

In a mediated divorce, the couple gets a mediator who will help them come to a mutual agreement or settlement regarding the issues concerning their divorce. Should the couple find it difficult to come to an agreement, it is the mediator's job to assist each of them and make them communicate to settle any disagreements on either side. Collaborative divorce on the other hand requires each of the couple to hire a lawyer who would be the ones communicating their concerns and talk about the settlement to the divorce.

However, should the couple does not reach an agreement during the process of collaboration, the lawyers have the right to withdraw his or her services to one of the spouses (Doskow, n.d.). The law does not encourage couples to get divorced by providing them as various choices as to getting one. It simply people to provide them with their right to choose the best procedure for getting off of their marital status as less painful and less painful as possible.Works Cited:Doskow, Emily. (N.D.). The Different Kinds of Divorce.

Retrieved from http://www.divorcenet.com/resources/divorce/the-different-kinds-divorce.htm.Obringer, Lee Ann. (N.D.). What are the Different Types of Divorce? Retrieved from http://www.howstuffworks.com/question740.htmMeyer, Cathy. (N.D.). Types of Divorce. Retrieved from http://divorcesupport.about.com/od/typesofdivorc1/p/typesdivorce2.htm