Types Of Divorce
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The Different Types Of Divorce

We're often asked: "What are the different types of divorce?". It's best to think of the different kinds of divorce as a hierarchy, with types and subtypes within each type.

At the highest level, you have

1. Amicable: Both people agree to divorce and agree to the terms

2. Contested: The divorcing couple doesn't agree to everything

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One of the best kinds of divorce is an amicable one because it is the easiest, quickest, and least costly because both parties agree to all terms.

Division of assets, child custody, child support payments, alimony payments, retirement accounts, what to do with the house, credit card debt, etc.

If you and your wife are luck enough to agree on all these issues, then you're in great shape.

Yours will be a simple matter of filing the paper work, writing a Judgment and Decree (or having one written for you).

You'll also be much happier with the result because nothing was "forced" on you by a judge. Amicable divorces are great when they happen, the problem is that amicable divorces are rare.

If you're like most people, you're probably going to have a contested divorce.

This type of divorce doesn't necessarily mean you're arguing about everything, it simply means you don't agree on every issue and there is at least one issue where you don't agree.

The fewer the number of issues, the easier and cheaper it will be.

If you're in a contested divorce, you'll need a good strategy and possibly a lawyer. If you or your attorney are unable to resolve the issues, the matter is likely to end up in court and the point of conflict will be decided by a judge.

Once the matter goes to court, you've lost all control. From the moment you walk into the courtroom, the issue is totally in the hands of the judge.

Contested divorces fall into two sub categories:

1. Those with children

2. Without children

Ones involving minor children are generally more complex than those without. If child custody is an issue, yours can become very complex and very costly.

Even if child custody isn't an issue, child support will be.

If you're destined to be involved in a contested divorce, you should try avoid court and use mediation. Mediation has the advantage of keeping you in control of your own destiny.

That's important. Not only will you receive a better settlement, you'll feel better about it because it was a settlement you agreed to, it was never "forced" upon you by a judge.

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