Unlike an uncontested divorce, it necessarily involves a divorce trial where “ the judge, court clerks, and the attorneys (yours and your spouses’ ) will be main players” (Doscow and Stewart 44). Sometimes contested divorces take years and are recognized “ hard” and “ painful” (Doscow and Stewart 44). In their book “ The Legal Answer Book for Families” , E. Doscow and M. Stewart distinguish between a default divorce, fault and no-fault divorce, mediated divorce, collaborative divorce, and divorce for same-sex couples. As for a default divorce, it is granted in the cases when one the spouses' files for divorce and the other does not respond.
Also, it may be granted despite the fact that a husband or wife does not take part in court proceedings. No-fault divorce suggests that the spouse who files for divorce does not need to prove that the partner did something wrong. On the contrary, a fault divorce suggests blaming other spouse and thus using fault grounds for divorce. Traditionally, grounds for a fault divorce include adultery, cruelty or desertion (Doscow and Stewart 41). Mediated divorce suggests jointly hiring a trained party (a lawyer) that is neutral to both sides.
The mediator helps negotiate and come to an agreement in financial, property and custody matters (Doscow and Stewart 41). In a collaborative divorce, spouses each hire a lawyer. Usually, lawyers hired have to work cooperatively and try to settle the divorce case without going to court (Doscow and Stewart 43). Divorce for same-sex couples in the United States suggests going through the same proceedings as the opposite-sex married couples do. Let us now discuss religious views surrounding divorce. In Christianity, marriage believed to be “ an immutable sacrament” (Rubenberg 99).
Indeed, in the early days of Christianity, its teachers forbade divorce on the grounds of the Biblical truth that marriage must be permanent and ends only with death. Collins writes, “ the Fathers of the Church spoke with passion when they directed Christians not to divorce – apart from certain well-specified cases… ”
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