The worst thing about marriages, arguably, is the possibility that someday we might have to end it. And trust deciding to end a marriage can be challenging on a lot of different levels. A breakdown of marriages can bring about a lot of aspects that require an instant resolution. Issues such as child arrangements, financial aspects, etc., can become severe roadblocks in attaining a smooth Divorce.
Moreover, the challenges can become more difficult for women than they can be for men. Apart from being complicated, Divorces can bring about sad outcomes for the women involved if not handled properly. This article aims to summarize the challenges women face while getting a divorce and overcoming them.
Different types of divorce and their implications
When women enter a divorce and go through them unprepared, it leads to unfortunate outcomes more often than not. Issues such as huge attorney fees, unfair settlement of properties, and prolonged periods of court battles add to the already complicated scenarios divorces being in for women. To get the best out of Divorces, women need to be well informed about the many types of Divorces and their legal implications.
1. Summary Divorces
Couples who have had a short tenure of marriage can have an expedited divorce procedure in many states of the country. This is in consideration of the fact that you don’t have children, you don’t own property together, and you don’t have any joint debts. Both parties need to agree on the divorce agreements and file papers in court jointly. A summary divorce is the ideal one for this cause.
Many refer to it also as a simplified divorce. They involve significantly less paperwork compared to the other kinds of divorce. More often than not, they require a few form fill-ups and barely require a lawyer’s help. One can get these forms from a state court’s website or from the office of the family court.
2. Default Divorce
Next, let us discuss the default divorce, which happens when you file for a divorce, and your spouse fails to respond. These divorces are most likely to happen when your spouse has left for unknown reasons and isn’t contactable.
First, you will have to be compliant with the rules and regulations of the court. A judge will grant you a divorce even though your spouse has not participated in any legal proceedings. This will only occur if there is no one to contest your demands in court. It might appear to be the best situation for divorces at first sight, but default divorces do have their share of cons as well.
3. Contested divorce
A contested divorce occurs where there are disagreements between you and your spouse. In many cases, the challenging parties are at loggerheads with each other over marital issues. When they just can’t reach an amicable agreement, they have to take it to the judge to decide the concerning issues. Contested divorces can turn out to be quite stressful, expensive, and time-consuming, to say the least.
The processes can stretch for eternity, with both parties exchanging a lot of information and mandatory settlement negotiations. There will be many court hearings to provide temporary relief, such as an interim attorney, etc. Even after all this, if you cannot find a resolution, the case will be taken up in court. Contested divorces pile on a lot of burden for both parties, and hence we see most cases get settled before they move to court.
4. Uncontested Divorce
The divorce that creates the least amount of stress in terms of court procedures is an Uncontested Divorce. Here, in an uncontested divorce, you and your spouse discuss all aspects of divorce and come to an up-front settlement. All the tricky situations that a divorce may bring forth, such as custody, visitations, alimony, debt, and property division, etc., are taken care of amicably. No parties contest the agreed terms and conditions of the divorce, which are incorporated in a written property settlement agreement, and hence the name.
It is also called a separation agreement in many cases.
Once you have settled your case, you can proceed with filing the divorce at court. Now, those wondering how long does an uncontested divorce take? These cases usually go forth at a fast track rate, warranting a relatively shorter time of resolution. In some states, parties may not have to appear in court but file a quick affidavit with the court clerk.
5. Fault and No-fault divorce
Faults or no faults divorces refer to the grounds or reasons on which the divorce will be based. Your state’s laws will determine the permissible grounds for your divorce. Not long before, people wanted marriage dissolution where they had to show that their spouse was guilty of any misdemeanor. These wrongdoings can range from anything such as domestic violence, adultery, cruelty, etc. These divorces fell under fault divorces.
In many states, a form of no-fault divorce is prevalent. In such cases, there is no need to prove any wrongdoing of your spouse to appeal for a divorce. You can just state that your marriage needs to be dissolved due to some irreconcilable issues. But one must remember that a no-fault divorce does not warrant an uncontested one. Other marital issues have to be resolved here as well.
Things to remember while filing for a divorce
1. Contact an attorney
If you are a woman thinking of filing a divorce, there is no such thing as “not ready” to contact a lawyer. The sooner you get in touch with an attorney, the better are your chances of simplifying things. Professional, knowledgeable divorce attorneys will have your back and make you case-ready.
2. Prepare all relevant documents and keep them handy
Prepare all mandatory, relevant documents such as financial statements, mortgage statements, investment records, retirement accounts, tax returns, etc. You must keep all documents handy by using your smartphone camera if you can access those records.
3. Revise your health proxy
In case anything should happen to you within the days you become divorce legally, you have to think who’ll have the authority to make the decisions on behalf of you. Revising your health proxy will resolve it for you.
4. Careful about what you post online
Be alert of what digital footprint you put on online. Never put up anything that your spouse or his attorney can see or benefit from. Get a private email account and use it for all communication related to your divorce.
Women going through divorce have their hands and minds full with a lot of stressful tasks. Learning about the different types of divorces beforehand can provide some relief to them. The above guidelines can be really useful when you contest a divorce.