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.

What If Your Spouse Contests Divorce?

Some divorce cases are so smooth. In Alberta, the collaborative law for Calgary divorce is a very common tool for soon-to-be ex-spouses to come to an agreement. The collaborative process requires transparency, fairness, and cooperation. Unfortunately, not all spouses are willing to cooperate that’s why some cases become extremely unpleasant. One wants a divorce, but the spouse refuses to give it. There are many reasons an individual refuses to give divorce to his/her spouse. We will no longer go through them. Instead, we will discuss what to expect when you want a divorce but your spouse refuses to give it.

Contested and Uncontested Divorce

There are two types of Calgary divorce, namely, contested and uncontested. The former is when your spouse refuses to give what you want – divorce. The latter is when your spouse agrees with the divorce, which means no problem in the legal process. The contesting of divorce can be regarding the divorce as a whole or one of its grounds. For instance, some individuals will contest the divorce for the ground if this can damage their reputation (e.g., adultery or physical cruelty). Others contest divorce because of custody, division or property, and financial support. An uncontested divorce usually takes only a few months, particularly if the divorce is due to separation of more than a year.

Good News: You Can Still Get a Divorce 

In Calgary and other areas of Alberta, agreement or cooperation from your spouse is not necessary to proceed to getting a divorce. It does not matter if your spouse refuses. However, the process will be lengthy and complicated. Refusal and resistance only cause delay. You wanting a divorce is enough provided that the ground for divorce is valid.

So what are valid grounds for divorce? There are three. First is the period of separation. Not living together for more than a year is ground for divorce. Second is cruelty, that is, physically or mentally. If your spouse abuses you physically or mentally, you have a greater chance to get divorced despite your spouse’s refusal. The third ground is misconduct, such as adultery. Nonetheless, the last two are uncommon because individuals with an abusive spouse or one who committed adultery tend to live away from their spouse. They tend to have lived separately for more than a year by the time the judge is due to determine if the cruelty or adultery allegations are true.  

Bad News: Contested Divorce Has No Certain Time frame

Resistance of the other party causes delay. Unfortunately, you cannot be divorced until all issues are resolved. If your spouse contests the divorce, be ready for negotiations although you don’t have to give him/her everything he/she wants. An experienced lawyer can advise you regarding the best action for contested divorce.

FYI: Legal Separation Is Another Option

Divorce and legal separation are two different things. Divorce separates you from your spouse and changes your marital status. It is requested when one thinks reconciliation is impossible. By contrast, separation is when a couple decides to live apart from each other. It can be legalized through a contract that details the rights and obligations of each other.