Are you considering a divorce? Or has your mate filed for divorce against you? Unfortunately, ending a marriage isn’t as linear as it seems. There are numerous ways that a divorce may pan out in the courts. You’ll be surprised at all the options once you set the wheels in motion to proceed with a divorce. This article covers the most common types of divorce you may encounter when you or your spouse are about to call it quits.
Seeking advice and counsel from an experienced divorce attorney will help with the process while protecting your rights and interests.
Divorce With Prenup
One way that many couples deal with the possibility of a messy divorce is to address it proactively before they marry using a prenup. For many years, it was assumed that prenuptial agreements were a way for very wealthy individuals to protect their assets from becoming a casualty of divorce proceedings. But any married couple can get a prenuptial agreement for various reasons, including finances, children, and other property rights.
With a prenuptial agreement, you usually will need to comply with the rules in your state. After both parties sign it, you typically have a specific period to file it within your state to enforce it. After it’s signed, the document is in place throughout the marriage. If things change in your life, such as the birth of children or an increase in assets, it is a good idea to update the prenup. Also, remember that your prenup may have a sunset clause that makes it expire after a certain number of years. If so, this is another reason to update your prenup.
Uncontested Divorce
If you and your partner can’t agree on anything anymore and the marriage has run its course, it may be time to call it quits. When the steam has run out of your union and you and your spouse both want out, you may be able to consider an uncontested divorce.
Laws regarding an uncontested divorce are different in each state. But generally, an uncontested divorce starts with serving your spouse with divorce papers.
Upon serving the papers, both parties have determined how they will split their assets, children, and other personal effects. If your spouse agrees with the divorce, you will go through with a settlement, and a judge will sign the paperwork to finalize your divorce.
Contested Divorce
If you are lucky to get an uncontested divorce, you will likely move through the divorce proceedings quickly. Unfortunately, most divorces are usually contested by one spouse who doesn’t want to end the marriage. Usually, a contested divorce may begin as an uncontested one. After the spouse responds to an uncontested divorce with a disagreement, the contested divorce will begin.
Whether it starts as an uncontested divorce or proceeds as a contested one from the beginning, the divorce proceedings for a contested divorce will usually be long and arduous. It could take years and lots of money spent on legal fees for a divorce to finalize. However, once the divorce is complete, the judge will issue a decree which will spell out how the individual parties will deal with custody issues, finances, spousal support, and more.
Default Divorce
If your spouse doesn’t respond to a contested or uncontested divorce, you may be able to proceed with a default divorce. A default divorce happens when one spouse files for divorce but the other fails to respond for one reason or another within the time allotted. While this option may seem like easy street to a spouse who doesn’t want any drama from the divorce, this option isn’t foolproof. Later, the spouse who failed to respond could refute the divorce, which could trigger a formal divorce proceeding.
Legally Single
You may have heard about this type of divorce in the news recently when a high-profile celebrity used this option to proceed with the divorce. The way that this works is that when a spouse contests a divorce, the spouse requesting the divorce has the opportunity to declare themselves legally single. You can proceed with your life as a single person as you continue to work out all the details of the divorce, which may drag on for many months or years.
Hire a Divorce Attorney
Divorce can be a complicated issue. But you don’t have to find the answers alone. Seeking an experienced attorney’s help with your divorce can help. Our divorce and family law firm has been in practice for more than 60 years helping clients throughout Michigan. If you are facing divorce, contact our family law office in Jackson today to schedule a consultation and learn more about how to proceed with your divorce.