Jacksonville Divorce Lawyer

June 28th, 2010 at 6:46 am

Types of Divorce Law

A divorce is not as simple as the termination of a marital relationship. Divorce laws are not uniform throughout all jurisdictions.  A divorce case can be filed on the basis of two basic approaches. These include a no fault basis and a fault basis of filing a case. In some legal jurisdictions, there is no requirement for a party to prove the fault of the other party. But the court may also consider the behavior of both the parties involved in the dispute and these include taking into consideration factors such as debts, support, the division of property and the evaluation of the rights of custody.

There are various types of divorce and these include at-fault divorce, no-fault divorce, uncontested divorce, mediated divorce, collaborative divorce and summary divorce. A no fault divorce does not require the contesting parties to bring in any kind of allegation or cite a fault of their spouses for filing a divorce. As many as 49 states in the country have incorporated the no-fault divorce clause into their divorce laws. The issues in these sorts of cases can range from irreconcilable issues to incompatibility between the spouses.

Then there are the “at fault divorce” cases where a particular issue is cited as the reason for the divorce. A fault divorce can be prevented in several ways. These include condonation, provocation, collusion and connivance. When it comes to uncontested divorce, approximately 95% of the divorce cases fall within this category. Instances of collaborative divorce have also increased over the years as couples agree as the decision to divorce is a mutual one. In cases where the divorce is a contested one, each of the spouses needs to hire an attorney. As a resident of Naples, you need to hire the services of a Naples divorce attorney.

 

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