Comparing Types of Divorces for Cost and Length of Process

Every year, marriages end in divorce. In the United States, the estimate is almost half of all marriages dissolve. If your marriage plans to be one of these statistics, you need to understand that state law governs divorce. While the statutes are more similar than different, you must understand the disparities before you start.

Basic Divorce Types

Essentially, there are two basic types of divorce available in the United States: No Fault and Fault.

No Fault indicates the break-up of the marriage is not the result of the behavior of any party. It is in place in 49 states
Fault divorce requires someone take the blame for the failure of the marriage. The state with only Fault divorce is New York. It provides divorce under specific restrictions e.g. adultery, abandonment, physical cruelty or confinement in prison for 3-years minimum. Other states offer fault divorce under their own requirements. Some, unlike New York, allow irreconcilable differences as grounds for divorce.

Other Categories

Some individuals divide divorce types into descriptive categories. These include

Summary or Simple Divorce – applicable to a marriage of less than 5 years. The partners do not have children or have already settled this matter. There are no issues of real, marital or individual property since neither party possesses enough to make it an issue
Uncontested –refers to a divorce to which both parties agree. This is applicable in the case of all divorce types
Contested – the opposite of contested. This is the most lengthy and expensive
Collaborative – Attorneys negotiate an agreed resolution
Mediated – similar to collaborative. A mediator gets the 2 parties communicate on the subject

Financial Costs Of Divorce

The cost of any divorce can be expensive. It depends upon the legal process and the involvement of other parties e.g. investigators, lawyers. Divorce can also be more complex and costly if the parties agree to divorce but argue about financial matters. The length and the cost of the divorce is extended under the fault category. This is particularly true in New York where one way to obtain divorce is to live apart for a minimum of a year.

Overall, a contested divorce is the longest and most expensive. An uncontested no fault divorce is the shortest and least expensive. It may not even require a lawyer. To decrease time and costs in fault and contested divorces, it is best to hire a lawyer