The Main Four Types Of Divorce (Breaking Down & Differences)

Marriages fail. This is a sad reality that happens to the majority of couples all over the world, so you shouldn’t feel guilty or miserable over your marital life. Instead, what you need to do after you understand that you can’t stay together with your partner anymore is choose the right path to dissolve your marriage. There are several types of divorce you can choose from: you can see them all below.

1. Litigated divorce

The first type of marriage dissolution you can go through is litigation. This is the most widely used form of dissolving a marriage when partners head to the court and ask a judge to end their marriage. Before this, a wife and a husband hire separate lawyers to represent their positions in the court and help them build their strategy of getting the most out of divorce.

Usually, a litigated divorce is an option for those who cannot find an agreement regarding custody of their kids, splitting the property or real estate, dividing finances, etc. Therefore, they start a lawsuit to find a way out of their discrepancies and become legally single in the end. 

Please note that this option is the most expensive one, so we don’t recommend it to anyone who wants to save money. It is also very time-consuming as court hearings can be postponed a few times until partners reach an agreement.

2. Collaborative divorce

The second of four types of divorce is collaborative dissolution. It implies that the wife and husband are ready to cooperate but need the lawyers’ help to get things done. Thus, each spouse hires a lawyer and meets with them to receive advice on how to reach an agreement with their partner.

Next, the wife and her lawyer meet the husband and his lawyer, and during this meeting, they create and sign a settlement agreement with each other. Lawyers sign their agreement to confirm that the couple has no discrepancies in the way they split funds, property, etc.

Finally, a couple meets in court to get the divorce confirmation document signed by a judge based on the terms of their settlement agreement. As you can see, you cannot finish the process without attending a court and having a judge do their part.

Collaborative dissolution of marriage is hardly cheaper than litigation since each partner needs to spend a lot of money on a lawyer’s service.

3. Mediation

This type of marriage dissolution implies that spouses ask a third party to mediate their divorce. An individual who can mediate a divorce process can be any person whom the couple trusts; however, this person should be proficient in current divorce laws of the state where the couple wants to get divorced and not an interested party to the case.

If you choose mediation as a way to a single life, you can also get a lawyer for yourself to consult with until you sign the agreement with your spouse. Mediation aims to let the mediator direct the settling of all issues you may have and help you reach a compromise regarding your marriage dissolution.

Although mediation is often used by celebrities, we can’t say that it is the best way to get divorced. Since a mediator is not necessarily a person with a law degree, you may want to consult with attorneys. After you get your settlement agreement done, you will still need to submit it to the court and wait until a judge confirms its terms and gives you a divorce decree.

Finally, a mediator is only an agent who helps spouses agree: they cannot influence the judge’s decision or provide legal advice. Consequently, it is up to you to decide whether to hire a mediator. If your relationships with your partner are friendly, we suggest that you try out the following option instead of mediation.

4. Do-it-yourself

The last option you can choose is DIY marriage dissolution. It is the best way to get divorced for those who are ready to settle all of the issues arising out of dissolving the marriage and don’t want to pay the high cost of divorce lawyer in Texas. What you need to do is educate yourself on how to organize the procedure on your own, read respective Texas laws, and submit papers to the court. In case of uncontested marriage dissolution, you can prepare papers yourself, register them in the local court, and then deliver them to your partner.

After that, you will need to write an agreement with them to demonstrate that you don’t have any disputes regarding property, kids, or finances, and present it to the judge. Once the waiting period of 61 days is over, you will get your divorce decree. 

DIY dissolution is one of the most affordable options that you can try, so consider choosing it if you are short of money and time. Uncontested divorces are also finalized fast, so keep this in mind before deciding to bring disputes to the courtroom. 

Now you know what types of divorce are there, so we believe you will manage to choose the most convenient one for you. Remember that you can ask for legal advice at your local county court or clerk’s office, as well as use DIY dissolution services to get your documents done flawlessly.