by Elizabeth Cross

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

It is hard enough to make the decision to get a divorce. Deciding which type can also be a nerve-racking ordeal. If you have already reached the point in your life when you know you are going to need a divorce, then it is time to educate yourself on the types of divorce and make a decision as to which one is right for you. As laws differ from state to state, be sure to do some research on the specifics of your state.

Fault or No-fault?

Not so long ago, plaintiffs in a divorce case were required to show "grounds for divorce" or a reason their spouse was at fault for the failed marriage. In 1970, California changed that by establishing the legal right to a no-fault divorce. Most states followed suit and now offer no-fault divorces. Agreeing to a no-fault divorce simply means that neither party blames the other; they just agree to be divorced. The no-fault divorce has become the national standard. In fact, there are 15 states that do not even allow for an at-fault divorce now. In most states there is a waiting period, or a required separation period, before a divorce will be granted. This period may be shorter for an at-fault divorce as compared to a no-fault divorce.

Contested or Uncontested?

If you and your spouse can discuss, in an adult manner, the division of property and any custody issues that might need to be arranged, it would benefit you both to proceed with an uncontested divorce. An uncontested divorce simply means that you both agree to be divorced; you both agree to divide your marital property in a certain way; and you have both come to an agreement regarding custody of your children, if any. An uncontested divorce can be a less stressful and less costly alternative to battling in court over every detail of the legal division of property and custody rights. Another alternative similar to the uncontested divorce is the simplified divorce. Some states offer this option for an uncontested, no-fault divorce. It often takes less time and costs less.

If you and your spouse can not reach full agreement on the terms and conditions of your divorce, then you will have to present your cases to a judge in what is termed a contested divorce. In addition to being far more stressful for all parties involved, a contested divorce is usually more costly. The judge will hear both sides and evaluate the financial situation of both parties. In some states one judge will decide on the division of property while another will rule on custody issues. In other states one judge

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