Types of Divorce Cases and Procedure For Each Type

Divorce is nothing but the end, formal ending of a married relationship by court order through a judge’s decision. If there is a divorce case going on, then the word divorce is also used. Divorce means separation. It is a legal termination of a legally valid marriage.


The plaintiff and defendant

If you are in a divorce case, you will hear court staff and lawyers call it a marital affair. Actually, the individual who initiates the divorce is known as the plaintiff, while the other spouse is known as the defendant. If one of the spouses has made mistakes, then the court takes responsibility to amend the mistakes and stop the divorce. The plaintiff or the defendant, in this case, cannot be of the same sex. To clarify things, same-sex marriage is considered void by law in many states.


summary divorce, uncontested divorce with custody, and child support

There are different types of divorces that courts can grant: summary divorce, uncontested divorce with custody, and child support. If the divorcing spouses can’t agree on these terms, they can go to court and get a divorce judge to decide on their own. In summary divorce, there is only one issue to be settled between the divorcing spouses and that is their financial matters.


Summary Divorce

A summary divorce case happens when both spouses agree on child support, alimony, and other key issues but cannot come to an agreement about dividing their assets. So, in such cases, the court will decide everything. However, if both spouses agree on child support and alimony, then an uncontested divorce case is the next step. This is also the fastest way to get a divorce case finalized.


Form UD-7

This is a necessary form for all married couples who intend to separate, as it determines the division of properties accumulated during the marriage. This type of divorce case doesn’t require a full-fledged hearing by the court. The forms ud-7 have to be filled up and signed by both spouses soon after separation. Again, this is not a formal court proceeding and thus, doesn’t necessitate a lengthy court case.


Temporary Orders

Temporary orders are court orders that are granted to help couples settle their property disputes amicably. Usually, temporary orders are meant to be implemented for a limited period of time. However, the court can also issue temporary orders to a couple until they decide on their divorce settlement. Temporary court orders are also good for cases where one of the spouses moves to another state or country.

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