An amicable (“friendly”) divorce is sometimes used as a synonym for an uncontested or no contest divorce, which works when a couple decide to end a marriage that no longer works well in the appropriate way – as a business deal. In this regime, the spouses recognize that love has gone (or perhaps never existed), and they just want to go away. The partners exit each other’s life, if not amicably, then at least civilly. If there are no children, the spouses have little or no contact after the divorce; if there are children, they handle things fairly and respectfully way.
An amicable divorce turns on agreement on issues including, but not limited to, child custody, child support, visitation, spousal support, and property division. After reaching an agreement on terms and conditions, the couple must file divorce paperwork in family court to obtain the divorce. Often, there is a requisite separation or waiting period. The final divorce is subject to the court’s approval. The divorce incorporates terms the couple agreed to. Amicable divorces are popular because spouses agree on terms and conditions and file papers in court without the cost and time of hiring attorneys to do battle with one another. An amicable divorce saves time, money, and heartache.
Make no mistake. Divorce is never fun, but divorce does not have to be trench warfare and a fight to the death. If at all possible, the spouses can engage in what is known as a civil divorce, which is also called a collaborative divorce.
A collaborative divorce is appropriate for a couple that does not have difficulty agreeing. It is a big time and money saver. Lawyers facilitate the couple’s communication and continue to advise their respective clients. All parties try to agree on the specifics of the divorce so that the matter does not go to court. Parties come to their own agreements during divorce instead of putting control in the hands of a judge. Each spouse retains a collaborative lawyer, and both spouses and the attorneys make decisions outside of a court of law. Both spouses share information and come to an agreement on important issues such as alimony and child custody, and both agree a on any experts who need to be hired to help finalize the divorce. After this collaborative agreement is signed, the spouses must identify the property and financial assets they have, as well as any debt, so they can decide on how it all will be divided, and any other issues to be resolved during this collaborative divorce process.
In a mediated divorce, couples resolve issues out of court with the help of a mediator. The mediator helps the couple come to an amicable agreement on issues in divorce. Some jurisdictions require couples to seek mediation on certain issues in divorce.
Sometimes spouses come to understand that they probably would have made better friends than sweethearts, so the parting is amicable, if perhaps tinged with melancholy. These partners avail themselves of that could be a friendly divorced, and sometimes the spouses remain friends and share parenting comfortably with each other and future spouses. About one third of divorcing couples end marriages with a friendly divorce. In some jurisdictions, they can use a summary divorce and file pro se. This do it yourself (DIY) divorce works well if parties have been married a short time, have no children and no substantial property. It can also work when both agree to all property division, custody issues, and support schedules. Couples are not required to have counsel to divorce; they can file papers and seek court approval in most cases without lawyers.
Therapists may be beneficial to a couple even after the decision to divorce, as they may help facilitate an amicable agreement during divorce proceedings. Therapists can assist a couple overcome heated emotions so they can focus on efficient completion of the legal process.
Regardless of the specific approach taken, when divorcing spouses commit to developing compromises and solutions that work for both parties rather than fighting on every issue, the legal process of divorce works more smoothly. In turn, the parties are able to move forward individually and as a family more quickly with less pain, effort, expense, and time expended.