You’ve set a court day to finalize your divorce after months of complications and disagreements. You wouldn’t wish this feeling upon anyone going through the divorce process.
Luckily, there are ways to avoid going to court. Going through a divorce is never easy, but an amicable divorce can ease some tension. Read on to learn more about this method.
What Is an Amicable Divorce?
An amicable divorce means there is no serious disagreement between the two parties. Both spouses are civil and agree to divorce circumstances such as spousal and child support, custody and visitation, and property division.
This process is done without litigation but does not always mean the parties are friends afterward despite being “amicable.”
Hiring a Lawyer
Knowing how to divorce amicably involves hiring a lawyer for the process. Although an amicable divorce means you don’t go to court, hiring an attorney is still beneficial.
Lawyers can help you get through the case on time. More importantly, they know the laws that revolve around divorce.
If you have minor children involved in the process, you might need mediation as well. In fact, most Arizona courts will require a mediator to help parties agree on any issues.
Alternatives to an Amicable Divorce
There are different alternatives to an amicable divorce. One is a DIY divorce that requires you to handle the process yourself without a lawyer. Although possible, there are better recommendations.
During divorce mediation, a mediator will help both spouses agree on every decision. This is a neutral person who is knowledgeable about divorce and family law. A mediator is not always a lawyer.
Both spouses should consult with a personal lawyer on their own time during the mediation sessions and before signing the final settlement. A mediator won’t have the legal authority to give either party advice.
Amicable divorces may be achieved through mediation.
A collaborative divorce is a type of amicable divorce meeting because the couple agrees to settle without visiting the court. Each spouse will hire a trained attorney who understands the collaborative process.
A collaborative divorce is different than a traditional divorce because your attorney will also meet with your ex-spouse’s attorney. This process can also involve other professionals like financial specialists and life coaches.
Knowing how to have an amicable divorce will help you avoid a litigated one. However, this is the most common option because two people don’t agree to the settlement.
Although some of these cases end up in court, you can settle a litigated divorce out of court. Those with complicated issues who cannot agree from the beginning won’t find use in a mediation or collaborative divorce.
Are You Getting a Divorce?
Getting a divorce comes with a lot of pain. Although an amicable divorce is an easier route, it still comes with complications as it isn’t right for every couple.
When filing for divorce, it is essential to know your options. You can try to have an amicable divorce through mediation or collaboration.
For more topics regarding relationships, check out the other posts on our blog.