Commonly Asked Divorce Questions

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Divorce has become a common phenomenon—especially within the United States where half of all marriages end in divorce. Divorce can involve many different aspects, depending upon the circumstances of the couple, as many have assets, children and other factors which must be taken into account. Understanding some basic questions about divorce can lead to a more efficient and painless proceeding.

Must One Partner Always Be At Fault?

Although prior to the 1970s divorce always had to be filed showing the fault of one partner, “no-fault” divorce is now available in all 50 states in the U.S. This allows divorce to be filed without casting blame upon either partner and streamlines the process. No fault divorce has become one of the most popular choices in divorce types since it requires virtually no explanation in regards to the reason for the divorce.

What Is an Uncontested Divorce?

An uncontested divorce requires a mutual, contractual agreement between both spouses prior to the end of the marriage. These agreements normally take into account all of the assets, finances and child custody issues--often requiring the use of an attorney. Uncontested divorces are usually used in the dissolution of long-term marriages.

What Is a Divorce Type that Can Be Used for Short-term Marriages?

One of the quickest and most common divorce types for short-term marriages is a simplified divorce. Simplified divorces were a product of no fault divorce and usually involve very little disagreement or conflict between the spouses. These divorces are very fast and easy--requiring little time and paperwork--and are often granted within 30 days, depending upon your state of residence. Simplified divorces are typically used when very few assets and no children are involved.

Can Legal Separation Occur Without a Divorce?

Depending on your state of residence, legal separation can be considered a type of divorce granted by the court—although this type of proceeding is normally just a precursor to an uncontested divorce. “Limited divorce” is granted by a judge—typically when an agreement cannot be reached through an uncontested divorce—that allows couples to become legally separated to an extent. Although limited divorce provides physical separation, it only provides a certain degree of legal separation. This agreement usually requires couples to live separately and prohibits any type of sexual relationship between them; however, other issues, such as assets, finances and custody, are not resolved. One of the main benefits of limited divorce is the ability to file taxes separately.