The 9 Types of Divorce: A Complete Legal Guide

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. Moreover, in some jurisdictions, at-fault divorce filers may be able to bypass the mandatory waiting period typically required for no-fault divorces. 

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. 

In most cases, one spouse simply needs to state that the marriage has failed beyond repair. This is typically cited as “irreconcilable differences” or “incompatibility.” However, some states require a period of separation before granting a no-fault divorce decree, ranging between 10 days and a full year. 

While no-fault divorces are more straightforward than at-fault divorces, they may still involve negotiations. In such cases, it’s advisable to work with an attorney who can advocate for a fair settlement on your behalf. 

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.

A default divorce is only valid if the filing spouse follows all legal procedures, including serving the divorce papers to their partner. If the served spouse doesn’t acknowledge them within the state-mandated period (typically 20-30 days), the court may grant the divorce by default. 

In other words, the absent spouse can’t contest the divorce terms, potentially leading to less favorable terms for them. Still, a default divorce might be your only option if you’ve exhausted all options to reach them. 

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. 

Like the purpose of a summary, this type of divorce is meant to be efficient. Couples can often complete the process by filling out forms, paying a filing fee, and attending a brief court hearing (if the court even requires one). However, a summary divorce isn’t suitable for couples who haven’t agreed on all terms, not to mention those who don’t qualify or live in a state that offers it. 

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. Contested divorces often require court intervention if both parties can’t resolve disputes on their own or through mediation. 

• 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. 

A contested divorce involves several stages, including discovery (where both parties exchange relevant evidence and information), negotiations, and potentially a trial. Contested divorces tend to be emotionally and financially draining, but they’re sometimes necessary to ensure a fair outcome. 

This is particularly true in cases involving complicated finances, multiple properties, businesses, or when one spouse believes their partner has hidden assets. Additionally, in situations of domestic abuse or power imbalances, a contested divorce can help protect the vulnerable spouse’s rights, which otherwise might be overlooked in an uncontested divorce. 

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. 

If the court approves the divorce settlement, both parties only need to make one court appearance—and may not need to appear at all, depending on the jurisdiction. Besides saving time and money, uncontested divorces give couples more control over the outcome, as they can negotiate the separation agreement rather than leave the decisions to a judge. 

Nonetheless, you should only consider uncontested divorce as an option if you can reason with your spouse and trust they aren’t taking advantage of you. If you have any doubts, you might consider working with an uncontested divorce attorney to represent your interests (and ensure the settlement agreement adheres to your state’s requirements). 

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. 

During the trial, each spouse’s attorney (unless they represent themselves) advocates on behalf of their client and why the court should accept their terms. Needless to say, the contentious nature of litigation can strain relationships further and make post-divorce interactions more difficult, especially if children are involved. 

Despite these challenges, litigated divorce can provide a clear resolution when other methods fail. While no one ever wants to go to trial, the formal court process ensures both parties have the opportunity to present their side of the case. 

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.

Spouses often need to meet for divorce mediation several times, depending on the extent of their disagreements. If successful, the mediator usually drafts a settlement agreement summarizing the agreed-upon terms. Conversely, couples may need to litigate their issues in court if negotiations are unsuccessful. 

Similar to uncontested divorce, this process often leads to more satisfying and sustainable agreements, as both parties have actively participated in creating them. However, keep in mind that mediators can’t give legal advice or reach a settlement for you, so it’s advisable to work with an experienced family law attorney throughout the process. 

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.

In a collaborative divorce, each spouse hires an attorney familiar with collaborative law. All parties typically sign an agreement, committing to the process and agreeing not to go to court. This agreement is crucial because if collaboration fails, both attorneys must withdraw, and the couples must hire new litigation attorneys. 

As a result, this option only makes sense if there’s a high likelihood that you can come to an agreement with your partner and prefer having legal representation throughout the negotiations. Otherwise, you can pursue an uncontested divorce and avoid finding a specialized collaborative attorney, as well as the potential consequences altogether. 

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.

Here’s a simplified overview of the process to get an annulment: 

• Determine eligibility. Grounds for annulment vary by state but often include fraud, forcing the other spouse to marry, or inability to consummate the marriage. 
• File a petition. Submit the necessary paperwork to the court and state the grounds for annulment. 
• Court review and judgment. If approved, the court issues a decree of annulment, legally erasing the marriage. 

While an annulment can offer a clean break, the process can be complex, especially if one spouse disputes the annulment or if children are involved. 

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. 

Despite the name, a trial separation doesn’t involve the court. It’s an informal agreement you can discuss with your spouse, including these items: 

• The reasons for separation and what you both hope to achieve
• How long the separation will last
• Ground rules for finances, living arrangements, and each other’s obligations during the separation
• If you have children, the plan for child support and visitation

At the end of the trial period, you can reassess your relationship and decide whether to make amends, extend the separation, or pursue divorce. 

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. 

The exact process varies by state, but generally, you’ll submit a petition, negotiate terms with your spouse, and receive a court order (if approved). A legal separation might be a good option if you want to keep certain benefits of marriage, such as joint health insurance, and believe there’s a chance you might reconcile with your spouse in the future. 

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, but make an equal effort to listen to your partner’s perspectives and concerns. 

If you and your partner can at least agree on a general approach, you might be able to pursue less adversarial options like uncontested divorce or mediation. However, if the conversation revolves around significant disagreements, you should start to think about other options. 

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. 

That way, you can focus less on the legal requirements and divorce procedures and more on your well-being and future. If you’re ready to take this step, LegalZoom can help you find an uncontested divorce attorney and schedule an initial consultation, helping you get the guidance you need to move forward. 

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, though the exact reason ultimately depends on the couple. 

Which type of divorce is the fastest?

An uncontested divorce is usually the fastest way to end a marriage. When spouses agree on all terms, uncontested divorce proceedings can be completed in as little as a few months, assuming they meet their state’s filing and residency requirements. 

What percentage of married couples get divorced? 

Divorce rates vary by state, but statistics from 2022 show that approximately 2.4 per 1,000 people get divorced in the U.S. However, divorce rates have continued to decline over the last three decades, compared to about 4.6 per 1,000 people in 1994.