Getting divorced only means one
thing anywhere in the world, and that is to get out of a marriage at the most
advantageous position possible. However, there are different types of divorce
that also entail different processes and divorce
documents to be submitted. On almost all territories, the court of law is
the one in-charge of deciding and formalizing the divorce. Nonetheless,
requirements vary and depending on your circumstances, it might be wise to consult
a lawyer first before directly filing to the court (Canadian court allows direct
filing if not classified as contested divorce).
Here are the five most common
types of divorce that you will surely be placed under.
Contested
Divorce
This means that both
parties have not reached a mutual decision regarding separation of rights (e.g.
child custody, visitation, properties, alimony, etc.) and the separation is not
identified as amicable. In this case, a judge holds the outcome based on
evidences and testimonies presented on court. Since Canada’s Divorce Act do not
cover such contests, either of the applicants will be required to file another
case under family property statutes.
It is more expensive
and takes longer before decision. However, this is often the only option to
balance both parties’ rights.
Uncontested
Divorce
Nine out of 10 divorce
cases filed in Canada are classified as uncontested, meaning both parties
reached an agreement. The preparation of divorce
documents is easier under this type because no divorce attorney is
required. It will definitely be cheaper, faster and easier not only for the
estranged couple but for the child as well.
Even if both parties
started contesting each other’s claims, a mediator will still try to guide them
into an agreement, as family courts try to avoid trial as much as possible.
At-fault
Divorce
This was extremely
popular among divorcees in Canada during the 60s and 70s. However, as no-fault
divorce became enacted, it has just become a secondary option only. Under this
type, either party needs to present evidences and proofs that the other party
is at fault of the dissolution of marriage, all for the purpose of possessing
most qualified rights, like child custody and property management.
In Canada, this is only
applied under court to settle allegations and decide on offenses.
No-fault
Divorce
In the US and Canada,
this is now the most prevalent type so as to preserve the rights of the
couple’s child/children. Under this type, the court still decides on the
division of rights and properties either through a mediation or formal court
setting if the couple will not reach a decision. However, no proof of fault
will be taken into consideration when coming up with the decision.
Because minimal divorce documents are required under a
no-fault divorce, it can be taken care of even just through online proceedings.
Collaborative
Divorce
This is a more
complicated type where couples try to reach a resolution with the assistance of
professionally trained collaborative divorce lawyers. These lawyers can no
longer represent either party on a contested divorce trial. Nonetheless, the
procedure will be very in-depth and complex.
