The 9 Types of Divorce: A Complete Legal Guide

All divorces legally separate two partners, but the path to separation depends on which type of divorce the couple pursues.

Updated on: August 20, 2024
Read time: 11 min

Many people assume that divorce always involves courtroom appearances, heated arguments, and exorbitant attorney fees. In reality, however, all states offer different ways to get a divorce—also known as a dissolution of marriage—based on the couple’s circumstances and intentions.

Exact requirements and procedures for divorce vary by jurisdiction. Let’s break down nine common types of divorce and help you determine which might be right for your situation.

At-fault divorce

An at-fault divorce requires one spouse to prove that their partner’s misconduct led to the marriage’s failure. This type of divorce is only available in certain states, as many have moved towards exclusively offering no-fault options.

Best suited for: Spouses who want their partner’s marital misconduct recognized in court—whether to expedite the process, argue for a higher settlement, or for religious or cultural reasons.
Cost considerations: The at-fault divorce process is generally more complex and costly than other types, requiring substantial evidence and often legal representation.

It’s important to note that the grounds for an at-fault divorce vary by state but commonly include adultery, imprisonment, abuse, or abandonment. While proving fault can be challenging, it might be worth pursuing if it pertains to your situation.

For instance, if your spouse committed adultery and caused significant financial losses, proving fault could potentially result in a more favorable asset division.

No-fault divorce

In a no-fault divorce, neither spouse must provide any grounds or evidence for the separation. This type of divorce has become increasingly common and is available in all 50 U.S. states. It’s worth noting that all divorces are technically either at-fault or no-fault, with other divorce types (such as uncontested or mediated) potentially falling under either category.

Best suited for: Couples who mutually agree to their separation and have no reason to argue the validity of the request.
Cost considerations: The no-fault divorce process is usually simpler and less expensive than at-fault divorces, especially if the couple can resolve disputes on their own.

Default divorce

A default divorce occurs when one spouse files for divorce, but their partner fails to respond or appear in court proceedings within a specified timeframe. When this happens, the court may proceed with the case even without the cooperation of both parties.

Best suited for: Individuals whose spouse is unreachable or unwilling to engage in the divorce process.
Cost considerations: The default divorce process can be relatively quick and less expensive than a divorce involving extensive negotiations, but it will require additional steps to ensure the absent spouse is properly notified.

Summary divorce

Also known as a simplified divorce, a summary divorce is designed for short-term marriages with minimal assets and no children. Couples who qualify for this option can expedite their divorce with less paperwork and court appearances, though the exact criteria vary by state.

Best suited for: Couples who are typically married for five years or less and have no children, complicated finances, or disputes with each other.
Cost considerations: The summary divorce process is faster and less expensive than traditional divorces, especially if you represent yourself.

Contested divorce

A contested divorce happens when both spouses are unable to reach an agreement on one or more issues related to their separation, such as asset division, child custody, spousal support, or other significant matters.

Best suited for: Couples who have firm disagreements over divorce terms or if one spouse is unwilling to negotiate fairly.
Cost considerations: The contested divorce process tends to be time-consuming and expensive, often necessitating an attorney.

Uncontested divorce

Put simply, an uncontested divorce is the opposite of a contested divorce. Both spouses agree on all major issues, so they can usually dissolve their marriage with minimal court involvement, legal expenses, and stress.

Best suited for: Couples who can communicate with each other and are willing to cooperate and reach a mutually acceptable divorce agreement.
Cost considerations: The uncontested divorce process is typically the fastest and least expensive way to get a divorce.

Litigated divorce

If both parties in a contested divorce can’t resolve disputes out of court, it becomes a litigated divorce. This involves presenting evidence and arguments before a judge who ultimately determines the final terms of the divorce.

Best suited for: Spouses with complex disputes that can’t be resolved in negotiations, leaving litigation as the only option.
Cost considerations: The litigated divorce process is generally the most expensive and longest divorce option, requiring extensive legal representation and multiple court appearances.

Mediated divorce

A mediated divorce involves a neutral third party, known as a mediator, who helps spouses negotiate and reach agreements on all disputes. Ideally, both parties can reach a mutual agreement during mediation, as it’s generally cheaper and less intensive than negotiating in court.

Best suited for: Couples who are willing to work together to find mutually acceptable solutions, even if they don’t agree on all issues initially.
Cost considerations: The mediated divorce process is typically less time-consuming than litigation, and couples often split the costs of hiring a mediator.

Collaborative divorce

Collaborative divorce is best understood as direct negotiations involving both spouses and their specially trained attorneys. It’s similar to mediated divorce, except no third party oversees the negotiations.

Best suited for: Couples who want to resolve issues independently before seeking the help of a mediator or going to court.
Cost considerations: The collaborative divorce process can be less expensive than litigation if successful, but costs will increase if negotiations fail.

Alternatives to divorce

Divorce is undoubtedly the most common way to end a marriage, but if you’re not ready to take this step, you might consider one of these alternatives:

Annulment

An annulment is a legal procedure designed for situations where the marriage never should have existed in the first place. For instance, if you were recently married and later discovered that your spouse is already in a valid marriage, you may be eligible for an annulment.

Trial separation

If you and your spouse are working through difficulties but aren’t sure if divorce is the right step, you might consider a trial separation. This temporary arrangement allows couples to live apart and evaluate their relationship before committing to a permanent separation.

Legal separation

A legal separation serves the same purpose as a trial separation but is ordered by the court. It’s similar to divorce in many ways, as it divides assets and responsibilities, but the couple remains legally married and can’t remarry without first getting divorced. However, it’s not available in all jurisdictions.

How to choose which type of divorce is right for you

The circumstances of every divorce are unique, so you want to carefully consider all your options and what works best for your situation. Here are a few options to decide on which type of divorce to pursue:

Talk to your partner

If possible, try having an open and honest conversation with your spouse about the divorce process. Come prepared with your thoughts, expectations, and proposals for how you’d like the divorce to proceed.

Speak with a mediator

Mediators are trained professionals who can offer an unbiased perspective on your situation. Even if you’re unsure about pursuing mediation for your divorce, speaking with a mediator can help you understand the potential benefits and challenges of different divorce options before committing.

Contact an attorney

If you feel overwhelmed by your options or concerned about protecting your interests, you should reach out to a family law or divorce attorney. Beyond explaining what options are available in your state, they’ll help you decide which is best for your situation and guide you through the entire process.

FAQs

How much does divorce cost?

The cost of divorce varies widely, typically anywhere from $500 to over $10,000. The exact cost depends on whether the divorce is contested or uncontested, lawyer fees, location, the couple’s assets, and if any children are involved.

What are the most common reasons for divorce?

Common reasons for divorce include financial problems, infidelity, lack of communication, and constant arguing. Incompatibility and unrealistic expectations for each other also contribute to divorce.