Just like marriages, divorces come in all shapes and sizes. The circumstances of each family going through this process varies widely and the court system has provided several options for divorce. These options deal mostly with how decisions will be made during divorce proceedings and how much interference the couple needs from the court on their behalf.
Fault vs. No-Fault Divorce
Prior to 1970, grounds for divorce had to be provided by those seeking to dissolve their marriage. This is called an at-fault divorce and meant that blame was placed on one party in the marriage for wrongdoing against the other. Grounds for divorce could include adultery, physical or mental cruelty, desertion, confinement in prison, physical incapacity for sexual intercourse, and incurable insanity. If no evidence of wrongdoing was provided, and the defending spouse denied the claims, the divorce would be denied.
Beginning in 1970, states started allowing for no-fault divorces. Marriages can be dissolved for “irreconcilable differences” without even having the consent of both spouses. This makes it possible for divorces to be granted more easily and quickly with less involvement from the court. At-fault divorces are still used in some cases but the majority of divorces fall under the no-fault category.
Contested vs. Uncontested Divorce
A divorce is uncontested when both spouses agree on the terms of the divorce or when one spouse does not respond to the terms set forth by the other. If one spouse disagrees with the terms set forth by the other, this constitutes a contested divorce and the matter must be settled by the court. Common issues of disagreement include division of property and/or debts, alimony, child support, and child custody.
Simplified Divorce
If a divorce is filed as no-fault and uncontested, it is referred to as a simple divorce. This can only be achieved when both parties agree on the terms of the divorce and no help from the court is needed. A simplified divorce is less expensive and takes less time than a contested or at-fault divorce. Some states only allow a simplified divorce in marriages where the couple shares no property or children and have been married for a short amount of time.
Most divorces require the help of a third party to help things go more smoothly and allow the couple to peacefully come to an agreement of terms. The Utah divorce attorneys at Rulon T. Burton & Associates will treat your case with professionalism and compassion to make sure you and your family settle everything in the best way possible.