by Ronni Dee

Created on: December 31, 2008   Last Updated: January 07, 2009

When the decision to end a marriage has been made, the next step is to decide on what type of divorce is best for you, and your situation. There are six types of divorce commonly available, in most states. Each type of divorce differs in the type of requirements needed to satisfy the court, and thus be granted a Decree of Divorce.

No Fault Divorce

A No Fault Divorce does not require any allegations of wrong doing toward either party involved. Grounds for this type of divorce may include irreconcilable differences and irremediable breakdown of the marriage. The only state not honoring a true no fault divorce is New York. In most states, this is the most common form of divorce. A No Fault Divorce is commonly the least expensive.

At Fault Divorce

With an At Fault divorce one party has to have done something wrong that is resulting in the breakdown of the marriage. Wrongdoings, or grounds for divorce', could include adultery, physical or mental cruelty, desertion, or imprisonment. If the spouse accused of such wrongdoing does not agree to the divorce, or the facts stated in the divorce agreement, he or she would have to deny the accusations and possibly prove a defense in court. Not all states allow this type of divorce.

Summary Divorce

A Summary Divorce is not commonly available. Also referred to as a Simplified Divorce, there are eligibility requirements to be able to pursue this form of divorce including limits on the term of the marriage and property. Simplified, or summary divorces, are uncontested, no fault divorces with absolutely no disagreements on the settlement. This type of divorce is typically the fastest.

Uncontested Divorce

An Uncontested Divorce is best when both parties agree, without hesitation, that the marriage cannot be saved. Most states require all issues related to the divorce to be agreed upon. This may include the custody of any children, support payments, real property, and any other assets the parties may hold. Approval rate of an uncontested divorce is high when the parties can present the court with a fair agreement. You may also agree on the divorce as uncontested and later ask the court to decided how to split property and decide on custody issues, although the approval rate would be less.

Collaborative Divorce

In a Collaborative Divorce the parties, with the assistance of attorneys, negotiate an agreed resolution. Often times a financial specialist will also assist in the negotiations. The parties are entitled to make their own decisions

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