by Amanda Vittitow

Created on: January 02, 2009   Last Updated: January 07, 2009

Which Type of Divorce Is Right for You?

Fault vs No-Fault Divorces:

In 1970 California was the first state to pass a no-fault divorce law in the United States. Before that the only way to get a divorce was for one spouse to have done something wrong or, "be at fault." These "grounds for divorce," or wrongdoings, include adultery, physical or mental abuse, abandonment, confinement to prison, physical incapacity, and/or incurable insanity.

While many states still allow fault divorces, they also allow no-fault divorces. A no-fault divorce is exactly that: No one is to blame for the failure of the marriage. Even if there was some misconduct, it wouldn't matter in a no-fault marriage. There usually doesn't have to be an explanation or proof of a problem and can be as simple as, "irreconcilable differences."

Contested vs Uncontested Divorces:

A contested divorce means that the husband and wife cannot come to an agreement on one or several issues related to the end of their marriage. These can include custody of children or child support, alimony, division of assets, and/or allocation of debts. In the event that the spouses cannot come to an agreement, even with the help of their lawyers, they must go to court where the judge will make the decisions for them. This type of divorce usually costs more and usually cause more turmoil.

An uncontested divorce is the easiest of the divorces and usually the preferred divorce for both parties. In an uncontested divorce, the spouses agree on each issue related to the failure of the marriage. This may not always be an amicable divorce but just means that everything was resolved outside of the courtroom.

Simplified Divorce:

This type of divorce is an easy, inexpensive type of divorce. If your state does allow simplified divorce, it will speed up the divorcing process and keep you out of court. In order to go the Simplified Divorce route, you have to both agree that the marriage cannot be saved, there may be no minor children (under 18 years of age), and both spouses must agree how the assets will be divided.

Absolute Divorce:

Absolute Divorce signifies nothing more than to terminate the bond that was created by your wedding ceremony or wedding certificate. An Absolute Divorce can be obtained in North Carolina once you and your spouse have lived separate and apart for twelve months. During those twelve months, you cannot resume your marital status or the separation will void, and you'll have to start over again. You don't need any documentation

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