We typically equate divorce with a bitter and nasty battle that drags on for months or even years. Learning how to divorce amicably is of utmost importance to eliminate the stress that spending thousands of dollars to an attorney creates for both parties. A contested divorce, which occurs when the couple cannot agree on one or more issues and must take the matter to court, can be particularly brutal. At the other end of the spectrum is the uncontested divorce, which is characterized by the couple agreeing on all items and issues regarding the termination of the marriage. An amicable, uncontested divorce is the most desirable situation because the situation is actually friendly.
With the typical agreed divorce, negotiations progress smoothly and the process costs much less than litigation. Unfortunately, many couples do not agree on allocation of assets or property, child custody, child support, or alimony. When the divorce lawyers for both sides are unable to help the divorcing couple come to a mutually-agreeable solution, a trip to court and a lot more money are required.
A prenuptial agreement is one thing that can make a divorce much more amicable. This legal contract is drafted before the couple marries and lists property owned and any debts that are owed, outlining the rights or obligations of each party in relation to these should a divorce occur. Making the outcome of a divorce clear up front prevents arguments and costly negotiations, streamlining the process as much as possible. Many times, people view prenups as a spot of contention, but a well-drafted prenuptial agreement that lays out each parties rights may be the key to being able to divorce amicably for some couples.
This agreement can also be used to determine whether one party will receive alimony or to ensure that children from a previous marriage receive specific property. A divorce lawyer should be used to draft this agreement because if any terms are considered unfair, a court can overrule them during the divorce proceedings. This opens the door to arguments, potential litigation, and a situation that is far from amicable.
Divorcing couples are faced with many difficult decisions including determining how they will support themselves and how they can protect their interests during divorce proceedings. If children are involved, the couple must make custody and possibly, child support, decisions. These issues open the door for a lot of disagreement. Finding a way to work these things out without a judge is the best way to divorce amicably.
Expert divorce help enables couples to keep things as amicable as possible. There will be no heated arguments, no accusations, and no name-calling. Everyone will emerge from the process unscathed and will be ready to begin a new life. An amicable, agreed divorce is what most couples desire when they are splitting and it really is possible, particularly when experienced legal counsel is involved.