Friendly Divorce: Can It Really Happen?
The decision to end a marriage, regardless of the circumstances, can be difficult. With emotions often running high, it is hard to imagine ending a marriage in a way that is not contentious. But an amicable divorce, also called a no contest or uncontested divorce, may work very well for certain couples who decide to end their relationship and agree on most, if not all, matters subject to the divorce. Here are the basics of an amicable divorce.
Amicable DivorceAn amicable divorce is when the parties agree matters subject to the divorce such as child custody issues (child support and visitation), alimony, and the division of assets and property. Typically, an amicable divorce is handled out of court. The parties retain their own counsel and come to their own agreement, instead of allowing a judge to control the agreement. This approach saves time and money if the couple can agree on how to dissolve the relationship. Lawyers facilitate the couple’s communication and continue to advise their respective clients.
Benefits of an Amicable DivorceThe biggest advantage of an uncontested divorce is the low cost. An amicable divorce is one of the least expensive ways of getting divorced. Contested divorces tend to be long drawn out affairs costing each party tens of thousands of dollars and can take years to complete. Another benefit of an uncontested divorce is the “friendly” nature of the divorce. An uncontested divorce is also private. If intervention of the court is required to resolve your divorce, the agreements you make and file with court will become a matter of public record. In an uncontested divorce, on the other hand, the terms of the divorce do not become public record.
When to Explore an Amicable DivorceFor an amicable divorce to work, you do not have to agree on everything off-the-bat, but you have to be willing to negotiate, compromise, and eventually come to a resolution. If that is not possible, it may save time and money to go through a typical divorce involving the courts. An uncontested divorce is also a bad idea if there is a history of domestic violence in the relationship. Negotiating with an abuser often creates an unfair disadvantage for the victim, and it is best that the victim have representation and a judge to oversee the divorce proceedings.
When divorcing spouses are committed to compromising and coming to an agreement that will work for both parties, an amicable divorce can be an effective tool to end the relationship quickly, inexpensively, and on good terms. If you are considering divorce and think an amicable divorce might be right for you, post a short summary of your legal needs on Legal Services Link, and let the perfect divorce lawyer come to you!
Do You Need An Attorney?
If so, post a short summary of your legal needs to our site and let attorneys submit applications to fulfill those needs. No time wasted, no hassle, no confusion, no cost.