What Is Divorce?
Divorce occurs when a married couple decides to no longer be married. During the divorce process, both parties may have to attend court to settle spousal support and decide how assets will be divided. If the couple has kids, they may also go to family court to decide custody terms.
Sometimes, a couple will have a prenuptial agreement, which is signed before getting married. It lays out what happens to assets and child custody in the scenario they get divorced. Having this agreement helps avoid some heartache and hardship during the divorce process. Also to note, divorce is different from an annulment in that an annulment makes it as though the marriage never existed. Annulments are only approved by the court if the marriage was found to be invalid.
What Can Be Found In Divorce Records?
Divorce records detail everything that happens during a divorce case. In addition to using Kiwi Searches, you can obtain divorce records by going to your local county clerk.
- Divorce Decree: Court document detailing the end of a marriage. It contains important information such as decisions on divided assets and child custody.
- Divorce Certificate: Details the names of the people getting the divorce, and the date in which the divorce was granted.
- Children that resulted from the marriage and their date of birth.
- State and County the divorce occurred in.
- Marriage license.
Different Kinds of Divorce
- No-Fault Divorce: When no party is required to provide proof of fault, and can be filed due to incompatibility and irreconcilable differences.
- At-Fault Divorce: One or both parties must claim fault for the divorce. If no fault is found, the couple will still be legally married.
- Summary Divorce: Both parties agree to the separation and why it has occurred. To file for this divorce type, the couple must have been married 5 years or less, have no children, own little to no property together, and more.
- Uncontested Divorce: When both parties have agreed to major issues like child custody on their own.
- Mediated Divorce: Both parties attend mediated sessions where they attend to resolve major differences. A mediator doesn’t make the final decisions, they only provide a report to the court.
- Collaborated Divorce: When both parties resolve their differences with multiple meetings involving attorneys, experts, and other parties, instead of in court.
- Arbitrated Divorce: If the parties cannot agree in court, a neutral arbitrator can be brought to help reach a decision.
- Contested Divorce: When a jury or judge makes final decisions of a divorce and terms if both parties cannot agree.
- Navigating Divorce: Resource, Help, and Advice
- How To Handle Divorce
- How To Find Out If Someone Is Divorced
View our other Glossary Terms here.
*This article is for informational purposes only, and does not constitute legal advice.