A divorce is a divorce, right? Well, according to legal practice in Utah and other states, there are actually a number of different types of divorces. With custody and/or the division of property involved in most divorces, there are many factors to be considered in the judge’s verdict. Here are the basic categories a Utah divorce can be put in:
At-fault divorce: In the beginning, before recent law changes made divorce so much simpler, there were only at-fault divorces. There had to be actual grounds for divorce, in which one party had committed some act that was sufficiently damaging to the marriage to qualify.
No-fault divorce: At first meeting with a great deal of opposition, the no-fault divorce was eventually passed into law in all 50 states and D.C. New York, surprisingly the last to follow suit, eventually made this type of divorce available. In no-fault divorce, either party can request a divorce without explaining that the other had an affair, or something of that nature, but can simply claim “irreconcilable differences.”
Uncontested divorce: Regardless of fault or no fault, a divorce in which the respondent does not fight with the petitioner for the divorce, it is called an uncontested divorce. In this type of divorce, the parties agree on custody, property, and support factors.
Contested divorce: This is an all-too common form of divorce. One partner files and requests things to be a certain way and the other vehemently disagrees, leading to a lawyer vs. lawyer divorce case.
Collaborative divorce: This is when two parties, with the help of lawyers and a commitment to not go into a contested divorce, are able to come to an agreement in the divorce case.
Summary divorce: This is perhaps the simplest form of divorce, available mainly to those with little assets or a brief marriage. These couples do not have much to divide or do not have children to share custody with.
Mediated divorce: Finally, mediated divorce is a divorce in which the parties share the cost of a mediator, in lieu of more expensive lawyers, and with the mediator’s help agree on all the terms of the divorce. This is preferable to a contested divorce and parties are encouraged to at least attempt mediation.