by Nancy Gilliam

Created on: January 21, 2009   Last Updated: January 31, 2009

Divorce is difficult. The process can be confusing. There are so many options available, and the laws surrounding the process vary from state to state. If you are one who has made the difficult decision to end your union, it is very important to seek legal counsel. Equally important is having an awareness of what your options are.

A limited divorce is somewhat like a legal separation. It is an option for people who do not have grounds to officially terminate their union but are certain that they cannot reconcile. It also provides an alternative for people whose religion prevents them from obtaining a traditional divorce. For the parties involved, there are limits as the name implies. Legally, one cannot remarry nor have sexual relations with another person or his or her spouse. The court can make decisions regarding child support and temporary custody, spousal support, the use of the home that the couple lived in, the sale and division of proceeds from personal property. It cannot make decisions about the sale and division of proceeds from a home or land the couple might own.

An absolute divorce officially ends a marriage. It severs the union and releases both parties from all of the obligations that come with marriage. It allows for either party to remarry if they so choose.

If both spouses are in agreement that the marriage should end and also agree on issues surrounding their property, their finances and their children, this divorce is called uncontested. If an agreement surrounding these issues cannot be reached, the divorce is contested and the issues much be taken before a judge.

If neither spouse is blaming the other for the failure of the marriage, a no-fault divorce is usually pursued. This kind of divorce, which came into being during the 70's, does not require an explanation or defense of why the marriage should not go on. Not being compatible or having differences that cannot be resolved is reason enough.

If one spouse is charging the other with an issue like mental or physical abuse, neglect or adultery, one is usually looking at a fault divorce. This simply means that the action of one individual is the reason why the marriage needs to be ended.

Where the process of divorce itself usually takes on the tone of a war, there is now available an approach that has a more cooperative nature. It is called a collaborative divorce. This type of divorce is a little like mediation, but there is no mediator. Both spouses have their own attorneys. An agreement is signed that says both parties will not go to court. Both parties then focus on working together to find mutually agreeable terms on which the marriage can successfully be terminated.

There are other avenues that can be pursued that cover issues such as the existence of absolutely no conflict between spouses (Simplified Divorce), one spouse not knowing where the other is (Missing Spouse Divorce), or when one spouse files for divorce and the other spouse does not respond to the petition (Default Divorce). Again, it is extremely important to seek the counsel of a legal professional to make sure that the avenue you decide to pursue is not only legal in your state, but also the right choice for you.

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