Understanding Divorce: Different Types

Divorce is common in many countries today. Even though many countries still refuse the inclusion of this provision, in others this has been accepted practice for decades. This has resulted in family-related issues like child custody and support, property distribution and division of debt.

Generally, divorce is different from annulment. The principle is similar in that both lead to the dissolution of the marriage resulting in the cancellation of all legal responsibilities between parties. The only obligation that might be retained is alimony or the financial support owed by one party to the other. In annulment, the same provisions are followed except that the marriage status is completely changed making both parties single by title.

There are different types of divorce specified by the Family Law. One is no-fault divorce, a type of divorce that does not require any allegation being proved or contested by one party. As soon as the court asserts that the marriage has broken down because of visual evidence during the proceedings, the divorce is immediately granted. Cities like Jacksonville, Florida observe the same provision of Family Law.

At-fault divorce differs from no-fault divorce in two ways. One is that in an at-fault divorce, the court has seen a specific fault from one party that can be a substantial ground for a proceeding. In the family law Jacksonville, Florida lawyers also observe, the party at fault is given the right to contest the allegation if there is evidence of collusion, condonation, connivance or provocation involved. These are considerable grounds for the case to be re-evaluated.

There are instances wherein both parties are on good terms pursuing the divorce. In this case, the court shall grant the request even without proceedings, expecting that there will be no contestation from one party. This is called uncontested divorce. More than 90 percent of the divorce granted in the US is uncontested. However, according the family law Jacksonville, Florida lawyers also follow, the parties should still request the court to decide on how the properties will be distributed.

On the other hand, if the parties are not on good terms but still choose to pursue the divorce amicably, the case is called collaborative divorce. This is a case wherein they will settle everything with their lawyers and other specialists before finally requesting divorce grant in court. This is allowed by the family law Jacksonville, Florida has except that the lawyers handling the case are no longer allowed to represent them in case a contestation arises.