5 Common Types of Divorce

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.