Marriage is termed as the marital union between a man and his wife. When both man and wife or either one of them seeks final termination of this marital union, it is known as a divorce. It is also known as dissolution of marriage.
Different reasons for a divorce are: incompatibility, mutual consent, domestic, physical, emotional, sexual and mental abuse by the partner, cheating, etc. The types may be based on which jurisdiction and which state you fall under. The court considers various factors before dividing the property, money, debts, support, alimony and custody of the children.
Different Categories of Divorce
There are different rules for divorces granted in different states. According to these rules the category may be decided.
No Fault Divorce
A no fault divorce does not require either party to submit any allegations or proof of fault. If the marriage has reached a point of 'irretrievable breakdown', even minimal assertions will suffice for granting a divorce.
Neither party puts blame on each other and their irreconcilable differences is enough to be put forth as the basis. In most cases, couples split up amicably and do not fall into the trap of property divisions, custody issues and other related fights.
An uncontested divorce occurs after the couple reach a mutual agreement to end their marriage. They have decided among themselves and reached an agreement regarding the division of the finances, debts, property as well as the children's custody. These take place rather quickly.
However, in many cases either one of the party unknowingly gives away some of the rights they could have asked for. Therefore, even though there is no bad blood between the separating parties, it is always wise to seek the opinion of an attorney.
The laws regarding limited divorce vary in different states. This is a type of divorce that is based on similar lines of separation. This divorce is granted only to couples who lack grounds for absolute divorce. It is also granted to couples who need time to take care of their finances and need court intervention to help them overcome their grievances.
It requires the couple to stay separately, have no sexual relationship between themselves as well as others. The time given to the couple helps them settle their grievances regarding property, child support, child custody, alimony and health insurance division. Once these questions are solved, the court completes the formalities of their legal separation.
Also called a simplified divorce or summary divorce, this is no-fault and uncontested. This takes place when there is no conflict between the couple. It is usually seen in case of marriages of less than 5 years, no children involved or the couple have decided the child support payments as well as custody among themselves.
It is also seen in cases with no or minimum real property involved, marital property is under a threshold of about $35,000 and does not include vehicles as well as individual property is less than $25,000 to $35,000. There are different types of state laws regarding absolute divorce. But, these are generally granted within 30 days of filing for separation.
Effects of Divorce
It tends to change each and every aspect of a person's life. It takes a toll on one's mental and emotional well-being, especially after one puts in all their physical, mental as well as emotional hard work in making a relationship work. The effects may vary from individual to individual. Most of the time, either partner faces a financial crunch as a result.
Couples tend to mostly suffer from emotional effects of the same. Of all the reparations, those who are most hurt are children. The effects of a divorce on children causes them to suffer from mental trauma. Some start blaming themselves for their parent's separation. Toddlers become inactive and lose their appetite.
School going children develop feelings of resentment, anger, embarrassment as well as suffer from the effects of divided loyalty. Adolescents on the other hand become more rebellious. Some suffer from depression, loneliness and fear. Many times these teenagers are pushed into adulthood, before they get the time to react.
In most cases, children often believe their parents may get back together. Couples who are struggling for a way out of their marriage, can think about seeking counseling on different types. An experienced legal adviser will help you protect your rights and get the best out of these rights.
However, couples should not get into dirty games, trying to get back at each other. These revengeful acts will not only send your finances into a turmoil and delay the court decisions, but will also have negative effects on the children, if any. Seek expert advice on the category under which one can file for a dissolution of marriage.