What About An Amicable Divorce?

Most people don't want their divorces to be filled with stress, tension, and arguments, but the fact remains that divorce is a complicated topic, both legally and emotionally. The longer a couple has been married, the more difficult it is to separate them, especially if children are involved. Yet an amicable divorce can save both money and stress as compared to an adversarial court battle, so it may be worth considering – especially if you want to keep from airing your private issues in court.

Who are good candidates for an amicable divorce? First of all, people who have been married for a very short period of time are usually excellent candidates; if they both agree on how to separate their assets and have no children, they may even be able to conclude their divorce without legal representation.

Generally speaking, however, most people aiming for amicable divorce won't have it so easy. The most important quality is open communication – both parties in the divorce need to be frank about what they want out of the divorce. This way, even in areas where they disagree (and there probably will still be some), these disagreements can be hashed out without fighting and rancor.

Should a couple divorcing amicably hire lawyers? This depends on how complicated the divorce is, but generally speaking, a lawyer should usually be involved. However, that doesn't necessarily mean each spouse needs to put a lawyer on retainer.

In an amicable divorce, the main purpose of a lawyer will be to make sure that the couple is really getting what they think they are getting out of the divorce – that they are not in conflict with any legal requirements and that they have not forgotten anything important that might come up later. In this way, you can think of the attorney as more of a consultant or guide. Depending on how much time the lawyer needs to spend on the case, this can save a lot of money over both spouses retaining lawyers.

Since the couple is working towards an agreement rather than fighting in court, a single lawyer can work with both of them; however, when the divorce is ready to be finalized, one spouse may want to have a separate lawyer check over the paperwork so that they are each legally represented and there is no later question of bias.

Are there people who should avoid amicable divorce? It might sound strange, but absolutely. Amicable divorce really only works when each spouse can deal honestly with the other. If there's a large imbalance in power – say, one spouse is much wealthier than the other, or one spouse feels very guilty about the divorce – this complicates things: Can the guilty spouse still stand up for what they want out of the divorce? Will the poorer spouse feel pressured to accept something they are unhappy with? And in cases of physical or emotional abuse, amicable divorce should not be considered; there's no way the parties can deal with each other fairly without legal representation.

In the end, it's important to keep all your options in mind. Divorce is rarely easy, but there's no need to make it more difficult than it has to be. For more information, contact a firm such as Hart Law Offices, PC.

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