Can You Have an Amicable Divorce?
At a Glance
An amicable divorce process can offer couples a structured, constructive alternative to traditional divorce that resolves core issues like custody, property division, etc. It's less stressful and can aid a faster resolution while allowing for mutually respectful outcomes.
Next Legal’s team of top-rated family attorneys ensure you receive all the support you need for a successful uncontested divorce outcome. Book a consultation with us today.
How the Amicable Divorce Process Works and Whether It’s Right for You
For couples looking to part ways respectfully, US divorce laws offer options that go beyond prolonged litigation, saving you emotional stress, time and money. So if you’re wondering whether you can have an amicable divorce, the answer lies in whether it's the right option for your situation. While it's ideal on paper, the truth is that both parties need to be committed to reaching a fair agreement.
This involves maintaining an open line of communication and remaining cooperative throughout the amicable divorce process. It allows couples to work towards child custody arrangements, property division, spousal support and other key issues through a collaborative approach. With the help of experienced family law attorneys and expert legal guidance, couples can ensure long-term stability and minimize conflicts while protecting their interests.
Family law attorneys explaining uncontested divorce often emphasize that settlement agreements reached through the amicable divorce process need to comply with state laws. This ensures they’re legally enforceable, prevents future disputes and allows for a smoother transition.
In this article, we answer the question “Can you have an amicable divorce?” and explore the amicable divorce process in the US.
What Is an Amicable Divorce & How Does It Work in the U.S.?
Aggressive courtroom litigation can be a stressful, long process that involves high costs and loss of privacy as court filings become public and can be emotionally exhausting. An amicable divorce, also known as an uncontested divorce, is a viable alternative that offers a faster resolution and greater control over decision-making.
Here’s how an uncontested divorce can be understood. In the US, especially under California’s no-fault divorce laws, amicable divorces involve mediation or negotiation. This allows couples to reach consensus on core issues such as asset division or custody arrangements while reducing stress and conflict. Here, it's important to remember that cooperation and empathy can change the outcome of your divorce and ensure fairer arrangements.
You and your spouse can choose separate attorneys or share a consulting attorney, while a neutral mediator leads the session. The final agreement will then be drafted as your marital settlement agreement (MSA). It becomes legally binding and enforceable once it's signed and approved by the court.
Can You Have an Amicable Divorce With Children or Shared Assets?
The amicable divorce process is generally considered the better option for everyone, with a few exceptions. Whether you have complex marital assets, are a high-net-worth individual, or are a couple with children or shared assets, an amicable divorce is a compelling choice.
For instance, under California’s 50/50 community property rule, an amicable divorce process allows couples to benefit from creative equity arrangements. This could involve arrangements in which spouses trade off business interests or share in the family home in ways that are both practical and beneficial for both parties.
An uncontested divorce is also helpful when children are involved, as it allows parents to create comprehensive parenting plans in a healthy collaborative spirit. It ensures that the child’s well-being and best interests remain the top priority while creating a long-term environment that’s stable and supportive.
Benefits of an Amicable Divorce vs. a Contested Divorce
Amicable Divorce
Cost - Less expensive due to fewer court appearances
Time - Speedier outcomes conclude as soon as the 6-month waiting period ends.
Flexibility - Better control over arrangements, as judges do not decide agreements, terms or conditions.
Impact on Children - Allows for healthier co-parenting arrangements and post-divorce stability
Stress - Cooperation, empathy and mutual respect make the amicable divorce process less stressful
Privacy - Discreet and personal
Contested Divorce
Cost - Motion, trial prep, discovery, and witness testimony can contribute to higher costs
Time - Can take longer, often more than a year
Flexibility - The judge decides on key issues, which may not be nuanced or personalized to your family’s needs.
Impact on Children - Prolonged litigation and conflict can impact a child’s well-being.
Stress - Litigation can turn adversarial, and ongoing disputes can contribute to increased stress.
Privacy - Court filings are public records
How Top-Rated Family Law Attorneys Can Help You Achieve an Amicable Divorce
California’s family code can be complex to navigate and requires a nuanced understanding. Choosing a divorce lawyer you can trust can make a huge difference. Top-rated family law attorneys can provide you with resolution-focused advocacy that combines legal expertise, strategic negotiation and compliant legal drafts.
Next Legal’s amicable divorce attorneys come highly recommended for their specialization in divorce mediation and negotiation. They have a client-first approach and are driven by their commitment to achieving fair and equitable settlements.
Divorce attorneys can educate and guide you through the amicable divorce process, ensuring it remains mutually respectful, constructive and efficient from beginning to end.
Choose Next Legal, California’s Top-Rated Family Law Attorneys
Looking for a trustworthy family law attorney who can ensure an amicable divorce process while offering you support and legal expertise backed by experience? At Next Legal, our vast courtroom experience and specialization in divorce, complex family law, child custody & spousal support matters come highly recommended.
As top-rated family law attorneys, we’ve been providing expertise, acting as partners and advisors to ensure discreet, fair and equitable outcomes. We employ time-tested settlement strategies to achieve early resolution and ensure exceptional client service.
Whether you need comprehensive support for divorce and child custody, mediation, restraining orders, spousal support or property division, we’ve got you covered.
We’re based in three locations, namely Palo Alto, Pleasanton and Walnut Creek. Call us or fill in our form to book a legal consultation today.