An Overview Of Different Forms Of Divorce

27 June 2023
 Categories: , Blog


Divorce can take many forms, even though they all end marriages. Your circumstances, such as children, wealth, and relations, determine the best way to divorce. The method you choose determines the divorce costs and timeline, among other things. Below is an overview of the common divorce forms. 

Collaborative Divorce 

Collaborative divorce allows you to work with your partner and respective lawyers toward your divorce. The reference comes from collaboration, meaning you must work towards the same goal to succeed with collaborative divorce. Collaborative divorce is best for honest couples able to divorce amicably.

Mediated Divorce

Mediated divorce requires a neutral third party to guide your negotiations. The mediator doesn't rule on your divorce; rather, they ensure the negotiations proceed fairly. Fair negotiations mean everyone should get time to speak. Divorce mediation is popular because it is inexpensive, fast, and takes your major decisions from the judge's hands.

Arbitrated Divorce

Arbitration also involves a neutral third party, but in this case, the arbitrator rules on your issues. Arbitration is a marriage of divorce litigation and mediation. On the one hand, the strict litigation rules do not apply in arbitration, and you still negotiate with your partner. On the other hand, the arbitrator listens to both sides and issues a ruling – just as it happens in court.

Summary Divorce

A summary divorce is a streamlined and shortened process for couples without children, with limited assets and liabilities, and with short marriages. A summary divorce is not available in every jurisdiction. In addition, each jurisdiction determines the strict requirements for summary divorce.

The process requires you to fill and file a few forms proving you meet the requirements and have agreed on the pertinent issues. You then go through a short separation period, after which the court grants your divorce — assuming disagreements don't arise during the waiting period.

Litigated Divorce

Divorce litigation means you file your case in court and allow the judge to rule on the contentious issues. The judge will listen to each spouse's submissions, usually through your lawyers. The process may also involve lay and expert witnesses.

Divorce litigation takes time and requires significant investment. However, it is the only path for couples who cannot settle their divorce out of the courtroom. The judge's ruling, which depends on state laws and your circumstances, is binding.

Contact a company like Elam Glasgow & Chism to evaluate your circumstances and preferences if you want to divorce. That way, the lawyer can advise and help you divorce efficiently.