What is an Amicable Divorce?

Amicable Divorce: What You Need to Know

Divorce is never an easy process for anyone involved, but it doesn’t always require a bitter court battle. An amicable divorce is a viable option for couples who are willing to work together and create an agreement that reflects the best interests of both parties. This type of out-of-court divorce is often less stressful and time-consuming than traditional divorce proceedings.

Getting a Divorce Outside of Court

An amicable divorce is based on the agreement of both parties. This means that they must be willing to work together, compromise, and come up with a mutually beneficial plan for terms such as child support, child custody, spousal support, and the division of their assets and liabilities.

An amicable divorce is more likely to be successful if the couple agrees on all of the terms. If they disagree on even one issue, they’re more likely to need to take their dispute to court and allow a judge to make the final decision. An amicable divorce may still be an option if the couple is open to compromise about the contested issues, but they may need to seek out professional help from a mediator or lawyer.

The Amicable Divorce Process

The amicable divorce process often involves both parties working with a professional mediator who is trained to facilitate negotiations. The mediator is a neutral third party who helps the parties come to a resolution that is satisfactory for both and keeps them focused on their ultimate goal of reaching an agreement.

The divorce terms that are settled upon during divorce mediation will then be incorporated into a settlement agreement. Couples pursuing an amicable divorce may also choose to be represented by their own divorce lawyers during the negotiation process.

After the settlement agreement is drafted and signed by both parties, it will be submitted to the court. The judge will review the agreement and approve it if they determine that it meets the legal requirements for divorce in their jurisdiction. Once the agreement is approved, the judge will incorporate its terms into a final divorce decree, which officially ends the marriage.

The Benefits of Amicable Divorce

When available, an amicable divorce is often more financially, emotionally, and logistically sensible than a divorce that involves going to court. It allows couples to settle their disputes privately, which is a concern for many people as once divorce proceedings enter the courtroom they become a matter of public record. Furthermore, because couples don’t need to wait for a trial date, they aren’t subject to lengthy court backlogs and can finalize their divorce quicker.

This option also allows couples to have more control over the divorce process and create an agreement that reflects their needs. Creative solutions are more accessible in an amicable divorce since the couple knows each other. A judge will not have the same insight into what assets are important to each partner.

Emotionally, an amicable divorce reduces the tension and hostility that can arise during traditional court proceedings. Without having to fight for a favorable outcome in court, couples can focus their energy on creating a mutually satisfactory agreement and ultimately part ways with respect. And when minor children are involved, the collaborative approach may provide an opportunity to co-parent more effectively and minimize the emotional toll of divorce on the kids.

Both mediation and collaborative divorce ultimately require commitment, compromise, and patience from both parties, but they are excellent options for Pennsylvania couples who are motivated to part ways peacefully without the need for court intervention. If you’re interested in this type of divorce, you might want to seek the assistance of a qualified divorce lawyer who can help you determine if it’s the right choice for you. Contact the Law Office of Joanne Kleiner at 215-886-1266 to speak with an attorney at our Jenkintown office about your legal rights and options.