How To Have An Amicable Divorce

8 November 2016
 Categories: Law, Articles

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Friendly and pleasant are not common words associated with divorce, but they can be. If you and your spouse have decided to get a divorce, you can also make the decision to have an amicable divorce. An amicable divorce doesn't mean you have to love each other or purposefully try to not get your fair share from your divorce. It simply means you agree to handle the divorce in a way that is fair and cordial. Here are some things you should know if this sounds like the type of divorce you and your spouse want to have.

You Must Both Choose This Route

In divorce, there are two terms that are often used to describe the nature of the event. The most common is adversarial, which is the type of divorce that is destructive. It involves the spouses fighting over everything, showing hostility towards each other, and failing to aim for a fair settlement.

The other is called non-adversarial, and this is the less common route. A non-adversarial divorce involves a couple making the decision to get along through the proceedings. They have an attitude of trying to find a win-win settlement for the divorce, and they are agreeable, flexible, and understanding with each other. This is the type of divorce you must choose if you desire an amicable divorce, and it will only be possible if both of you choose this route.

The Benefits Of Non-Adversarial Divorces

If having a non-adversarial divorce sounds like a good idea to you, it's important to understand that this option will likely offer benefits to both of you. Here are some of the benefits you may both encounter if you can agree to have this type of divorce:

  • Less stress – Fighting is stressful and can drain the life and energy out of you. If you have children, taking this route may also be less damaging to them.
  • Faster – A non-adversarial divorce will likely lead to faster agreements on the division of assets and debts, and this means you might be able to get the divorce completed faster.
  • Fair outcome – When both spouses agree to fairly divide things, the outcome for both of you is probably going to be fairer.
  • Better relationship in the future – If you have kids together, you will have to talk to each other for many years, and this can be hard if you cannot get along. Being able to get along will not only help you get through the divorce, but it will also help you in the future to handle decisions and issues that relate to your children.

Other Tips To Help You Do This

If you both agree to this type of divorce, you can handle it in several different ways. One option is for each spouse to hire a divorce attorney. Another option is to hire a mediator to help you work through the issues together. Divorce mediation is commonly used in amicable divorces, and it tends to only work when couples can both agree to it.

If you decide to go through with mediation, you should make sure you go to the meetings with an open mind and a flexible attitude. You should remember that you are doing this for the benefits it will offer to both parties, and you should try to be as fair with your spouse as possible.

Divorces cannot always be amicable, but yours can be if you both want this. If you would like to learn more about divorce and ways to have an amicable divorce, contact a divorce lawyer in your city to schedule a consultation visit today.