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Amicable Divorce
At Off the Record Mediation Services, we can customize our process to support your amicable divorce. But what is an amicable divorce? And how do you know if any amicable divorce is right for you? Read more to learn about the different processes that can be employed in your amicable divorce.
Amicable Divorce
Understand Your Options
An amicable divorce is one in which both parties are able to come to an agreement about the terms of their divorce without the need for court intervention. This type of divorce is often referred to as an "uncontested" divorce, because there are no issues that are being "contested." But that doesn't mean that you cannot have an amicable divorce simply because you have some disagreements.
The process of an amicable divorce typically begins with both parties working together to come to an agreement about the terms of their divorce, including issues such as property division, child custody, and spousal support. This can be done through negotiation, mediation, or collaborative law.
In negotiation, both parties work with their respective attorneys to come to an agreement. In mediation, a neutral third party, known as a mediator, works with both parties to help them craft a settlement that both parties can find mutually acceptable. If the parties wish to use a "collaborative law" process, this means that each party hires an attorney specifically committed to negotiating their case in good faith. Not every attorney is trained in collaborative law.
Once an agreement is reached, the terms are put into a written document known as a mediated settlement agreement, or marital settlement agreement. The mediated settlement agreement can be reviewed by both parties' attorneys and can also be submitted to the court as part of a divorce filing.
In conclusion, an amicable divorce is a separation process in which both parties aim to reach a mutually acceptable agreement as to the terms of their divorce without the need for court intervention. This process often involves different methods, such as negotiation, mediation, or collaborative law, but the process is highly customizable to fit the needs of the clients.
Amicable divorces are typically far less expensive, time-consuming, and emotionally draining than traditiona litigated divorces. They can also be less damaging to children and families.
Benefits of Amicable Divorce
The greatest benefit of an amicable divorce is that it allows the parties to maintain a level of control over the process and outcome, rather than leaving your future up to a judge.
Amicable divorces also tends to be far less expensive, time-consuming, and emotionally draining than a traditional litigated divorces.
By their very nature, amicable divorces are often far less damaging to children and families. After an amicable divorce, the parties can retain mutual respect for one another, and the entire process is designed to maintain a positive relationship between the litigants.
Is Amicable Divorce Right for Me?
Amicable divorce can be a wonderful option for many people. Contrary to what many people may think, you don't need to agree on every issue to benefit from an amicable divorce. An amicable divorce can work whenever two parties are willing to work together to find a mutually acceptable solution to their issues. Typically, this is done by mediation. After mediation, our office can assist you with filing your divorce with the courts.
If there are no issues to be resolved, that can also be considered an amicable divorce. In this case, we can assist you with the filing of your divorce papers to ensure that everything is properly processed.
Please be aware that not all divorces can be amicable. If one party is unwilling to compromise, or if parties are unwilling to be forthcoming about their assets, an amicable divorce may not be possible. In these cases, a traditional litigated divorce may be required.