The mainstream depiction of divorce in the media involves a perpetual dramatic scene. The dramatic elements are etched by matters of contention that include child custody, the division of alimony with emotions at the zenith.
While in the media, these emotional peaks almost always culminate in the unfurling of an outburst. At the same time, this type of divorce, termed as contested divorce, is never the norm in reality.
There are other variants of divorce that waver a great deal from this stereotypical portrayal. This is simply because there is a dearth of a one-size-fits-all approach when it comes to a divorce.
Presently, there exists a penchant for steering clear of the court and resolving conflict in an amicable manner, precisely when children are involved. An estimated 95% of all divorces in the United States are settled outside the walls of the court.
A no-fault divorce is that extraordinary divorce where both the spouses agree on the fact that the breakdown of this marriage was not either of their faults. Then why a divorce? Their reasons might be something to do with incompatibility or incongruity in general.
This divorce does not demand further validation on the discordant working of the marriage. California was the first state to pass this no-fault divorce law in 1970, thereby simplifying the process to end a marriage.
Prior to this, the grounds for the ending of the marriage had to be proven. These grounds included adultery, physical or mental cruelty, and desertion.
This is a divorce where both parties gain a mutual consensus to end the marriage. Here they have reached a settlement on the division of property, child custody, and other controversial matters.
If you follow a streamline court procedure, it will bestow you with time and money saved. Despite this variant of divorce being swift and effortless, it is at a cost. You might have to forgo certain benefits that include retirement benefits, alimony, and other means of income.
This process involves a couple wanting to resolve disputable affairs outside the court. However, because of not reaching a consensus, they approach a private judge, termed as arbitrator. Just like in a court, he weighs the facts as a neutral third party. After which he gives a fair ruling, similar to the judge in the court as the final verdict.
Popularly termed as collaborative law or practice is also a means of resolve without bringing the court into the picture. Similar to the concept of arbitration. At the same time, the neutral third party is replaced by an attorney on either side, focusing on collaborative law.
The process is initiated by an agreement that states both spouses to work collaboratively to reach a decision. In case of them failing, both attorneys will withdraw from the case. Therefore, the only solace is the agreement, which can act as an incentive.
The mainstream divorce is portrayed by the media. This process involves both spouses assigning separate attorneys, and ultimately or is left for the judge to decide on their contentious issues.
This involves hearings, settlement, negotiation, and trial in some instances when none of the above works for either of them.