If you and your spouse have decided it’s time to go your separate ways, it’s important to know there are many options at your disposal. While litigation is often necessary, there are many ways to increase the chances that your divorce can be settled with minimal court involvement. An experienced attorney from Patton & Hyder PLLC in Crossville, TN, can help determine the most suitable course of action to take for your particular situation. Below, they discuss common types of divorces.

Attorney Discusses 5 Ways to Terminate a Marriage 

1. Fault & No-Fault 

In years past, states required that a spouse prove their partner was at fault for causing the marriage to fail before granting a divorce. This kind of divorce has been eliminated in most states in favor of no-fault divorces. No-fault divorce allows a spouse to file for a dissolution of marriage simply by stating irreconcilable differences, incompatibility, or an irremediable breakdown of the marriage. In Tennessee a divorce based upon irreconcilable differences must be agreed upon by both spouses.  Otherwise, the party seeking the divorce must prove one of the fourteen other statutory grounds.

2. Default 

A default divorce can take place when one spouse files for divorce and the other spouse fails to respond. In many cases, this is because they can’t be found. After certain efforts are made to locate the missing spouse, such as publication in a newspaper of local circulation, the divorce can be granted by default without requiring the absent spouse’s court appearance. 

3. Uncontested & Contested 

An uncontested divorce is one in which both parties have agreed on all the big issues that must be worked out, such as child custody and visitation, the distribution of assets, alimony, and child support. Once each side has signed a settlement agreement, it will be presented to the court for approval. In contrast, a contested divorce typically means that the couple has been unable to successfully negotiate terms, making it necessary for a judge or jury to decide. 

4. Collaborative 

In a collaborative divorce, both parties agree to resolve their differences outside of the courtroom. This requires several meetings, often with attorneys, to discuss the most favorable way to work out each issue at hand. Rather than focusing on each party’s rights and desires, a couple will work towards an arrangement beneficial to both parties. 

5. Mediated

When a couple wishes to stay out of court, they may choose to go through mediation. This involves attending one or sometimes several sessions with a neutral mediator who facilitates negotiations. The mediator won’t make any decisions or recommendations but in most instances simply ensures a good flow of communication between the parties, so the couple can solve their own issues. 

If divorce is in your future, it’s essential to become familiar with all your options. An attorney from Patton & Hyder PLLC can provide you with the information you need to make an informed decision on the best way to proceed. Regardless of how you may decide to end your marriage, they will walk you through each step of the divorce process, with the heart of a teacher, to ensure that you understand all of your options and to ensure your interests are fully protected . Contact them at (931) 787-1333, or visit their website for additional information on how a divorce lawyer can benefit your case.