Approximately 38 percent of marriages end in divorce, and the numbers keep on increasing.

A lack of understanding, miscommunication, and differences lay the grounds for a divorce between most couples. Some couples part their ways on a bitter note, while some might divorce amicably. However, divorce is an overwhelming experience for both partners.

Most importantly, no two divorce processes look alike. Here’s everything that you need to know about the various types of divorces.

Why Should You Know The Type of Divorce?

If you’ve decided to file for a divorce, you’ll have to choose the type of divorce you’ll go through.

The right decision is of the essence here as it’ll save your time, energy, and money. The kind of divorce you opt for depends on various factors, and financial implications aren’t the only thing to consider.

You have to consider the relationship you have with your spouse, whether there are any unchecked emotions and a lack of trust that can cause the divorce proceedings to become bitter, long, and strenuous. It may end up in a legal battle where you might drain your financial and emotional resources.

Another crucial thing to consider is whether there are children involved. The less you and your spouse fight, the easier it will be for your children to go through this tough time. Being on civil terms with your spouse will impact child custody and the parenting time you get.

You also have to decide whether it’ll be better for you to cooperate and compromise to find a solution or whether it’s the route of conflict you prefer. As divorce is a traumatic, emotional process to go through, it’ll impact your decisions and can lead you to make rash decisions.

The Types of Divorces

Here are the most common types of divorces that you must know about to understand your options better.

The Uncontested Divorce

The simplest form of divorce, an uncontested divorce, occurs when both partners mutually decide to end their marriage. Here, both spouses need to figure out child custody and the division of marital property amongst themselves.

Two people sitting on a bench

An uncontested divorce is common among people who don’t own real estate property or have any children.

Contested Divorce

A contested divorce happens when the couple is going through a rough patch in the divorce process. This could be about child support, division of assets, or spousal support. This type of divorce is complicated and requires an experienced divorce lawyer to ensure everything is taken care of.

Mediated Divorce

This kind of divorce happens when there are unagreeable differences between both parties that they want to work out without involving the court in the process. In a mediated divorce, both spouses have table talks with their divorce lawyers, and a neutral third party serves as a mediator that helps them resolve their issues. However, this isn’t legally binding.

Collaborative Divorce

Collaborative divorce occurs when both spouses hire their own lawyers and decide on the outcomes without involving the court. This ensures more privacy for the parties and allows them to reach an agreement among themselves.

Default Divorce

Default divorces aren’t very common; it’s when a spouse doesn’t respond to the divorce query and the other spouse files for divorce. It gets complicated because an instant divorce isn’t granted; the spouse filing for divorce has to petition the judge, who then grants the divorce.

Annulment

Annulment is when a court rules that the marriage didn’t happen or isn’t legally valid. To get an annulment, some specific grounds have to be checked; for example, if one or both parties weren’t in their right state of mind at the time of marriage, if either party didn’t consummate the marriage, or if it involves fraud.

Two people overlooking the sea

Non-Fault Based Divorce

This type of divorce occurs when both parties agree that they don’t want to be married anymore. None of the parties blame each other and state that they have irreconcilable differences.

Fault-Based Divorce

A fault-based divorce occurs when one spouse feels that the other has led to the crippling state of their marriage. This is usually based on the grounds of cheating, cruelty, abandonment, or use of drugs and alcohol. There is no legal separation for divorces filed for marital misconduct.

Your Next Step

If you’re considering filing for a divorce, or if you’ve been served divorce papers, it’s best to seek out experienced family law lawyers. Since divorce is an emotional process, you need a professional to help you make the best legal decisions for you.

Reach out to Nanda & Associate Lawyers for professional family and divorce lawyers in Canada to help you through every stage of the divorce. Their lawyers understand their client’s circumstances and provide tailored solutions.

About the Author

Scott K. is an inactive family law lawyer who specializes in divorces. Scott graduated from the University of Alberta in 1975. He has helped various clients navigate the challenging divorce process and now helps provide insights on divorce processes in Canada.