Amicable divorce is a term used to describe a particular approach to divorce proceedings. In some cases, divorce can be a highly contentious process focusing on many disputes. In light of this reality, amicable divorce aims to approach divorce from more of a problem-solving perspective rather than a conflict-based outlook.
There are no set rules or hard guidelines regarding amicable divorce. Instead, it is more of a choice that the parties make in terms of how they wish to resolve their divorce issues. Not all divorce situations allow for amicable divorce options, especially if the parties cannot communicate effectively with one another.
What Types of Legal Issues are Involved in Amicable Divorce?
In an amicable divorce, the same types of legal issues may arise as with any other type of divorce. These can include:
- Distribution of property
- Child custody and child visitation
- Child support
- Spousal support (alimony)
- Name changes after divorce
These are the types of issues that the parties will attempt to resolve on their own with little court intervention. Once they have reached agreements regarding these important legal issues, they can submit them to the judge, who will approve them and convert them into an order through the divorce decree.
What Types of Methods are Used in Amicable Divorce?
Amicable divorce may involve various alternative methods for resolving legal issues, such as:
- Collaborative divorce
- Family mediation
- Out of court negotiations
- Voluntary counseling sessions
Again, the aim is to create working channels of communication between the parties so that they can discuss the legal issues and come up with a working solution. Most amicable divorce cases are also uncontested divorce trials, wherein the parties are not contesting any legal issues during the process.
Do I Need a Lawyer for Help with Amicable Divorce?
Amicable divorce can be a very helpful approach, as it tends to save time, money, and can reduce much of the stress associated with the divorce process. However, it isn’t right for everyone, and may not be available in all divorce cases. You may wish to hire a divorce lawyer if you need legal advice and representation during a divorce trial. An attorney will be able to guide you through the entire process from beginning to end.