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Which type of divorce is right for you?

by Carol Gioia

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

Seeking a divorce is stressful on many levels and can be a painful experience for all parties impacted. When the decision has been made that your marriage is not working and divorce is the only option, it is wise to educate yourself on the various types of divorce.

Knowing the practical and legal ramifications of the type of divorce you choose will mitigate the angst and duress which accompanies this life-changing process.

If there are no children involved and the divorcing couple are amicable, there is less stress and expense involved in getting a divorce. The most expensive type of divorce is the litigated one. When lawyers and divorce courts do battle for opposing spouses, outcomes are inevitably complicated and costly, and often unsatisfactory to one or both parties

Divorce laws vary from state to state, but this overview of the different categories will be enough general information for an informed decision about what you can do yourself and when it would behoove you to seek the help of professionals.

* Uncontested Divorce

Both parties in this type of divorce agree to all the details and agree to sign all the paperwork involved in the process. This type of divorce is stress-free; the most painless and cost effective. Couples who can cooperate and come to an agreement on this type of divorce have the best case scenario for putting the past behind them and moving on with their lives without guilt or remorse. Unfortunately many couples will not have the mutual cooperation necessary to make available to them this ease of dissolution from their emotional and legal contract.

* Default Divorce

This type of divorce is slightly more complicated. One spouse draws up papers with the assistance of a lawyer, serves the papers to the other spouse, who signs and returns. Then final papers are drawn for a courthouse appearance. This is a good option for couples when obvious strains and tensions surrounding the divorce exist and they can communicate through neutral parties.

* Missing Spouse Divorce

When a spouse is unavailable, for whatever reason, this type of divorce can be used. No matter what state the opposing spouse resides in, the laws in the state of the serving spouse take precedence.

Within the realm of the three basic divorce types is a range of choices:

* Legal Separation

Some couples might opt to choose a legal separation rather than outright divorce for reasons particular to their circumstances. These considerations could be religious beliefs prohibiting divorce, health

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