The Practicalities of an Amicable Divorce: What You Need to Know

The Practicalities of an Amicable Divorce: What You Need to Know

October 3, 2022

By FairWell Family Law Mediation

An amicable divorce is preferred over an ugly battle. Review these tips to keep in mind as you work through an amicable split.

With over 600,000 Americans getting divorced each year, many assume that a failed marriage results in a messy separation for both parties. What many don’t know is the possibility of an amicable divorce.

But just what is an amicable divorce? How do you achieve one and what are their benefits?

That’s what we’re here to look at today. Read on to find out everything you need to know about amicable divorces.

What Is an Amicable Divorce?

An amicable divorce is a divorce that ends with both spouses agreeing to certain terms and conditions. These terms may include child custody, alimony, and division of property.

Many divorces go through lengthy negotiations or divorce settlement agreements before they’re officially settled. Amicable divorces avoid this process by outlining what works for both parties.

Instead of spending time, money, and other resources when settling a divorce, many couples are choosing to resolve any issues upfront. This results in a number of benefits that you might not associate with divorce.

Benefits of an Amicable Divorce

The biggest benefit to an amicable divorce is how it affects your immediate family, particularly your children. They won’t have to worry about their parents fighting over their custody since that’ll be resolved beforehand.

Amicable divorces often settle on co-parenting terms, preventing stress or trauma for any children involved. It also sets a great example for children, as it teaches them that conflict can always be avoided.

Another big benefit to an amicable divorce is saving time and money. It’s well-known that divorce agreements and litigation can drag on for months, maybe even years. Amicable divorces do away with that altogether.

While agreeing on terms and conditions might initially take some time, it’s nowhere near as complicated as a typical divorce case. Simply sitting down and comprising with one another takes far less time and resources.

Different Approaches to a Peaceful Divorce

Amicable divorces also don’t have to be done in one way either. There are multiple approaches toward a peaceful divorce, including uncontested divorce, mediation divorce, or collaborative divorce.

Let’s break down each approach to explore how each one works for different types of people:

Uncontested Divorce

If two people want to get a divorce and already have their terms planned out, they might pursue an uncontested divorce. This usually means that their divorce is handled out of court.

Two soon-to-be-ex-spouses figure out any issues privately in uncontested divorces. Most people who pursue this route end up writing up their Marital Settlement Agreements by themselves.

Mediation Divorce

Mediation divorce is similar to an uncontested divorce, but it involves a third party. The spouses still want to end their marriage amicably, but they might need someone to help iron out any details or disagreements.

A neutral third party acts as a middle ground between two parties to sort out some details. A third-party mediator might be a lawyer or anyone that can act as someone to facilitate open dialogue between two people.

Collaborative Divorce

A collaborative divorce is a form of amicable divorce that involves lawyers but not the court. These agreements are settled out of court and involve a quick negotiation, resulting in a faster and more peaceful process.

Two spouses hire their own separate counsel for collaborative divorces. Their attorneys are there to facilitate communication between their two clients.

Navigating Towards an Amicable Divorce

An amicable divorce can be quick and simple, but you need the right tools and resources to get them done. You never know when you and your ex-spouse might run into a disagreement.

Qualified Assistance

Unexpected disagreements are why qualified assistance is so key. It’s natural for emotions to flare up during a negotiation. This can really hamper your divorce settlement and bog down the process.

Divorce lawyers are happy to offer this kind of help. They’re there to ensure that the right steps are taken during any amicable divorce settlements.

There are also mediators trained for situations just like these. It’s usually a good idea to find the best representatives before starting any discussions.

Realistic Expectations

Just because amicable divorces are generally quicker and more peaceful than others, there’s almost no such thing as an easy divorce. Holding realistic expectations will be key here.

Getting someone to help you manage expectations and emotions is encouraged before you begin discussing your divorce. While this ends up being an emotional process, it doesn’t mean it has to be messy.

Finding ways to manage your stress and other emotions is a key part of keeping your expectations in check. While the process may not be easy, you have a lot of opportunities to keep it efficient and peaceful.

Keeping Family in Mind

It goes without saying that keeping children unaffected in a divorce is nearly impossible. Keeping your family in mind during an amicable divorce process is crucial for both the present and the future.

When child support, alimony, visitation, and other parenting challenges become involved, divorces can become difficult. Resolving these issues comes with thinking about your children and exercising patience.

The goal of an amicable marriage is to keep things as uncomplicated as possible for both you, your partner and your children. Keeping your children and other family members in mind often leads to effective results.

Pursuing a Simple Divorce

An amicable divorce might sound like an unrealistic goal, but there are many ways you can pursue these processes. Use this guide to help you pursue an effective amicable divorce.

Are you looking for a reliable mediator to help facilitate your divorce settlements? Contact us today and we can get you started on a solution right away!


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