In other countries like the Philippines and Malta, divorce is not legal. But in others where it is lawfully permitted, it is most often necessarily ruled by court of law in order to take effect and be fully implemented. This is quite a complicated realm, since filing a marriage dissolution considers the sides of both parties involved, and sometimes these clash and cause complications. There are also agreements to be considered - prenuptial, postnuptial, and even private terms agreed upon by both parties concerned.
Considering these bits of information, filing a marriage termination looks hard enough already. But one must also consider its other aspects. There is more than one form of breaking the bond of matrimony. In fact, there are six types of it as listed below:
The no-fault based type requires no proof of fault of either of the parties involved. This is a simple form for the grounds are only stated as either:
Irremediable marriage break down
With its simplicity, forty-nine US states have implemented it under their jurisdiction, citing the above grounds.
The at-fault classification - This is the more complicated and expensive process to go through in trying to disband a marriage. It requires the statement of the fault of at least one party, provided there is evidence in your claim. Only the state of New York in the US implements this ruling.
Summary - This type involves certain standards in order to categorize a marriage as eligible for disbandment. These standards include having a short marriage below five years, having no children, having only minimal property (without mortgage) or no real property, and having around $35,000 as property value limit (not including vehicles) in both combined and individual accounts.
Uncontested - Most have opted for this type since it is the simplest and easiest to implement. It only involves a mutual agreement of division of property and child custody.
Collaborative - Resolution is agreed upon with the aid of attorneys and financial specialists or marriage dissolution coaches.
Mediated - This involves a sole negotiator heeding to both parties' interests and coming up with a final, approved agreement to satisfy both parties.
These six different types of divorce have varying contexts and conditions. The determination of the most effective type to be implemented is always dependent on the couple's situation and interests.
Tags: divorce, marriage, law, attorneys