Types of Divorce

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What now? Unfortunately, getting a divorce is more complex than simply signing a piece of paper and going your separate ways. There is no cookie-cutter approach to divorce. Every divorce looks different, depending on the situation of those involved. In this blog post, Sarnacki Law Firm discusses the most common types of divorce, and their advantages and drawbacks. With so many different approaches to divorce, it can seem overwhelming to decide on a process that’s right for you. To make the process seem less daunting, you should choose trustworthy and reliable lawyers that have your best interests at heart. At Sarnacki Law Firm, we take each client’s specific concerns and needs into consideration, to help them come up with the best plan possible. Dave Sarnacki has more than 34 years of experience in advocating in court and in resolving out of court, making him one of the top divorce and family law lawyers in Michigan. He can help you with all aspects of divorce, from child custody, to property division, to alimony, and more. The proceedings can progress in different ways depending on your personal preferences and factors unique to your situation as a couple. It is important that you understand the features, benefits and disadvantages of each of these different types of divorce for your own good in order to pick what’s best for you. Mr. Sarnacki’s highest values as a divorce attorney are honest advice, creative solutions, and effective advocacy, and he looks forward to applying those principles to your case. When you work with Sarnacki Law Firm, you can rest assured that your case is in good hands. Read on to learn more about different types of divorce, and get in touch today to schedule a consultation.

Fault/No-Fault Divorce

Michigan, like most states today, is a no-fault divorce state, meaning that divorces can be granted regardless of fault. In the past, fault divorces required a party must to prove wrongdoing by their partner as grounds for the divorce. Otherwise, the divorce could be denied. Common grounds for fault divorce included:

Adultery
Desertion or abandonment
Abuse
Incarceration
Insanity
Impotence
Substance abuse

In the case of no-fault divorce, both parties conclude to dissolve the marriage at their will; the only basis needed for the dissolution of the marriage is simply incompatibility or inability to get along with each other. The partners agree to seek a divorce in this situation. Depending on the state you live in, you may have to wait a period of time in order to proceed with a no-fault divorce. A no-fault divorce is beneficial because there are no allegations, no pointing fault at one another, etc. that may lead to issues down the road. If you are looking for a painless, less emotional type of divorce, then a no-fault divorce is what you are looking for.

Contested/Uncontested Divorce

If a couple is unable to come to an agreement about all of the major issues — asset division, child support, custody, etc. — before going to trial, the divorce is said to be contested. For a contested divorce, the judge will ultimately make the decisions for the couple. The judge will decide which party will be paying for the legal costs as well. When a couple can’t reach an agreement through negotiations or mediation, a contested divorce will be needed. A divorce may start out as contested and become uncontested as they work through their conflicts. In general, uncontested divorces are quicker, more affordable, and overall less emotionally damaging than contested divorces, which is why many of our clients try to reach an amicable agreement before having to go through court. During an uncontested divorce, a couple will agree on property division, setting up a parenting schedule, or division of marital assets. There are some instances, however, where a contested divorce is unavoidable. You may never know what situations may arise that will force you to get a contested divorce. In these instances, the adage "he who represents himself in court has a fool for a client." A contested divorce will take a while to proceed. The average time to go through a contested divorce is a year, or even longer. Anyone going through a contested divorce should seek out legal representation. Otherwise, the financial and emotional repercussions can be devastating. Getting a divorce is already difficult enough; you need professional representation so you can feel comfortable and have peace of mind throughout the process. If you need representation for a contested divorce in Grand Rapids, get in touch with us today.

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In a collaborative divorce, both spouses hire their own lawyer to help negotiate an agreement outside of court. Each of these lawyers works cooperatively to settle the case and the spouses also disclose all the information needed by the lawyers to them. The main purpose of this type of divorce is to settle the case amicably. Not going to the courtroom also allows for privacy of the couple’s personal issues, finances, etc. A collaborative divorce will help keep this private information between only the lawyers and the couple. At Sarnacki Law Firm, we take an interdisciplinary approach to collaborative divorce, by providing our clients with a collaborative team. This may include an attorney, divorce coach, financial specialist, and child specialist in order to ensure that all legal, emotional, financial, and developmental needs are being met. Our goal with collaborative divorce is to work on reaching agreements, instead of wasting time, while ensuring each party is comfortable with the process. We will get you on the right path and back to your normal lives. Divorce doesn’t always have to be filled with arguments, instead, it can be resolved in a quiet and respectful manner with the help of the attorneys at Sarnacki Law Firm. To learn more about collaborative divorce, including what the process looks like, check out our collaborative divorce page.

Arbitration Divorce

Arbitration is a type of divorce in which you and your spouse agree to hire a private judge, called an arbitrator, to decide the terms of your divorce. In a case where a couple has reached a stalemate in a divorce negotiation but still wishes to resolve their issues without taking the case to court, an arbitration trial is often recommended. As in a court trial, each side prepares arguments and evidence and presents them to the arbitrator. After hearing the case, the arbitrator renders a decision on the disputed issues. In most cases, the arbitrator’s decision (called an “Award”) cannot be appealed, where the final decision is legally binding. However, this process is much less formal than a traditional trial, and allows for greater privacy. With an arbitration divorce, you are able to choose the day, time and location of your hearing, as well as choose your arbitrator. These cases can proceed fairly quickly, compared to other types of divorce, and are less expensive. This type of divorce allows for greater convenience for you and your partner.

Mediation

Mediation is a great option for couples who wish to keep their divorce affordable, amicable, and relatively quick. In divorce mediation, a couple meets with a trained, neutral third-party, such as a family law mediator, who can help them resolve their differences. Mediation involves meeting with both parties with the mediator present and drafting an agreement that everyone feels good about. You will be discussing finances, property, child custody if you have children, and other joint assets. Mediation gives you the opportunity to speak, be heard, and choose a voluntary solution. There may even be individual meetings between a spouse and a mediator.Even in a mediation, it is advised that you get legal representation to avoid any potential for error. Dave Sarnacki is a trained divorce mediator with more than 34 years of experience, specializing in divorce and family law. He brings a wealth of knowledge, honesty, and creative solutions to the mediation process, and advocates for mediation as a great alternative to fighting in court. We aim to help you protect your working relationship with your partner in a respectful and amicable manner. Learn more on our mediation page, and get in touch with Sarnacki Law Firm today.

Litigation

Sometimes amicable dispute resolutions, like mediation, negotiation, and collaboration, simply do not work. When this happens, you usually have to go to court. This process is called litigation. Each spouse will have their own lawyer in litigation. The process can be lengthy and take years to resolve. While litigation can seem scary, an experienced and trustworthy divorce attorney can help make the process as painless as possible. Dave Sarnacki has the expertise, compassion, and dedication it takes to navigate a successful divorce litigation. Litigation is a complex process that no one should attempt to go through alone. Hiring a lawyer with years of experience will ease you through the process. Mr. Sarnacki will consult with you on your preferred outcome for the trial, and do his best to obtain it. He has experience in all areas of family law, including child custody, child support, property division, alimony, and more. When you work with Mr. Sarnacki, you will be able to have peace of mind that your divorce is in good hands. To learn more about the litigation process, including trial preparation and basic deposition questions, visit our litigation page, and get in touch with Sarnacki Law Firm today.

Summary or Simplified Divorce

Also referred to as a consent divorce, this practical option works for couples with minimal assets, no children, and no desire for alimony (spousal support). It is a streamlined alternative to traditional divorce litigation that involves less time, less paperwork, and fewer court appearances. Most of the time, resolving these cases by consent involves the following factors:

The couple has no minor children
The marriage was of short duration (generally five years or less)
The couple does not own or mortgage a home
Neither party wants alimony
Separate and marital assets do not exceed a certain threshold
The couple does not have any sizeable joint debts

A downside to this type of divorce is having to ensure each party fills out the required paperwork. If the paperwork is not filled out, the case may be dismissed. As long as the paperwork has been completed, then the divorce can go on fairly smoothly. This is a very amicable way to divorce when you are on good terms with your partner. Even in a summary or simplified divorce, it is advised that you get legal representation to avoid any potential for error. Minimize your stress and receive guidance and reliable help from experienced and trustworthy lawyers. Get in touch with Sarnacki Law Firm to learn more.

Referred to in Michigan as a default judgment, a default divorce is what happens when one spouse doesn’t participate in a divorce. Simply put, the law can’t force you to stay married, even if your spouse refuses to cooperate with the proceedings. This is not an easy process, but you don’t have to stay in an unhappy marriage.To initiate a default divorce, you must first prepare the appropriate divorce forms, and then “serve” them to your spouse. You can either do this yourself or through a private process server. If your spouse does not respond in time, you can then file a default request with the court. In the state of Michigan, you have 21 days to respond to a complaint for divorce. There is also a waiting period for divorces; with the involvement of minor children, the waiting period is 6 months; without children, the waiting period is 60 days. With a default divorce, there is no need to go to court and the couple’s financial and personal information remains private. Default divorces are a good option for people who cannot problem solve with their spouses, either because they do not know where their spouses are, or their spouse simply refuses to communicate with them. Don’t stress about this alone, the professionals at Sarnacki Law Firm are here to help guide you through this. If your future matters, you should always have an experienced divorce lawyer on your side. Ignoring your spouse’s divorce papers, leads to giving up your rights. If you’re facing a default judgment, get in touch with Sarnacki Law Firm today.

Separation

Separation Unlike absolute divorce, separation does not actually end a marriage. Instead, it refers to a legal action where a couple’s separation is under court supervision in some way. If you provide the judge a written agreement that both parties consent to, then the judge will approve the arrangement and have the case finalized. In other states, these limited divorces have been referred to as legal separation, judicial separation, or separation from bed and board. Michigan courts refer to these cases as separate maintenance. In a legal separation, the parties remain married, and neither party may remarry. In order to remarry, the couple must get a divorce. In separation, the couple may divide their property, child custody, and assets, to name a few. This can be an option for those who don’t want to divorce for religious purposes, so as not to have the church’s disapproval, or for other personal reasons. Separation is also a way for couples who think divorce is not a good option for them, and would like to spend time to reconcile or spend time apart. Now, if you do decide to file for a divorce after separation, then you must start the entire process all over again. It can be complicated and very time consuming. This is something to think about if you are looking into separation.

DIY Divorce

Sometimes referred to as a kitchen table divorce, a DIY divorce is a form of uncontested divorce in which both parties are able to come to an agreeable divorce arrangement on their own, without the need for legal aid or representation. A DIY divorce is only appropriate in instances where both parties agree on all the major issues and there is little to lose, such as child custody, child support, and asset division. If your settlement is reasonable and you’re comfortable with the arrangements, then you should proceed with this type of divorce. Although a DIY divorce may seem tempting, we recommend always seeking the aid of a qualified Michigan divorce lawyer, even in seemingly straightforward situations. How things are written can make significant differences in the outcome, and what is not said can be as critical as what is said in the paperwork. Apart from the possibility of overlooking areas that could actually make the agreement better for both of you, the simple task of wading through divorce paperwork can be much more difficult than many people assume. It takes lots of time and effort to file your own divorce papers. It can be too easy to make mistakes when you are handling sensitive information. You don’t want to have to research the state’s law, what documents you need, etc. Instead, you should get help from a trustworthy law firm to handle all of that information for you. At Sarnacki Law Firm, we have the experience and expertise you need to help handle any divorce paperwork, and help you create a divorce agreement that is optimally beneficial for everyone involved.

Michigan, like most states today, is a no-fault divorce state

This means that neither party has to provide evidence of grounds for divorce. Instead, they must simply state that the marriage has broken down. However, it is important to note that “fault grounds” can play a role in court decisions on issues such as child custody, property rights, and alimony (spousal support).

We hope that you have found the preceding information useful for considering what kind of divorce is best for you and your partner.

We have provided several divorce options that are available in the state of Michigan. Every divorce is different, so what works for someone else may not work for you. This is why you should discuss what you should do with considerate and experienced lawyers. The lawyers at Sarnacki Law Firm can help you understand and proceed with the divorce process, regardless of your desired approach. With the variety of options available, there’s a need to understand all these divorce types and their implication before opting for them. You don’t want to go through something as difficult as a divorce all by yourself, not knowing what to expect or what paperwork needs to be filled out.Whether you’re interested in pursuing a DIY divorce or litigation, the first step to an agreeable, legally-sound divorce agreement is always to schedule an initial consultation with an experienced divorce and family law attorney. At Sarnacki Law Firm, we have certified attorneys, divorce coaches, financial specialists, and child specialists that will work closely with you to iron out the details of the process to make it less of a headache than it already is. Trust our team to guide you in the right direction so that you can go back to living your normal life sooner. To get started, contact Sarnacki Law Firm in Grand Rapids today. We will be happy to discuss your circumstances, and what we recommend for moving forward.

Contact Sarnacki Law Firm Today!

Types of Divorce

Contact Us Today

So, you and your partner have decided to get a divorce.

Fault/No-Fault Divorce

Fault Divorce

Pros

Cons

No-Fault Divorce

Pros

Contested/Uncontested Divorce

Contested Divorce

Pros

Cons

Uncontested Divorce

Pros

Cons

Collaborative Divorce

Pros

Cons

Arbitration Divorce

Pros

Cons

Mediation

Pros

Cons

Litigation

Pros

Cons

Summary or Simplified Divorce

Pros

Cons

Default Divorce

Pros

Cons

Separation

Pros

Cons

DIY Divorce

Pros

Cons

Types of Divorce

Michigan, like most states today, is a no-fault divorce state

We hope that you have found the preceding information useful for considering what kind of divorce is best for you and your partner.

Divorce & Family Law

Litigation

Mediation

Collaborative Divorce