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What Is Amicable Divorce?

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What Is Amicable Divorce?

Amicable divorce refers to a certain approach to divorce, rather than a classification of divorce proceedings. With amicable divorce, the parties work together in a cooperative manner to resolve whatever issues or concerns they may have regarding the divorce. This is in contrast to more adversarial approaches to divorce that can involve a conflict-based approach.

How Are Disputes Resolved with Amicable Divorce?

In standard divorce cases, the parties might not be willing to cooperate fully with one another. As a result, the parties may need to engage in cross-witness examination and examination of evidence in order to resolve conflicts. However, with amicable divorce, the parties often engage in other methods to resolve disputes. These can include:

  • Mediation
  • Collaborative divorce processes
  • Negotiations
  • Stipulations
  • Out of court counseling

Thus, amicable divorce approaches may help to settle figures when it comes to: property distribution; child support, custody, and visitation; spousal support; and other issues.

Is Amicable Divorce Available for All Cases?

Obviously, amicable divorce is ideal for situations where the parties can cooperate clearly with one another. It is not recommended or practical for cases where the parties are unwilling to work together. Also, if one spouse has put the other spouse's safety in danger, amicable divorce might not be allowed by a judge. There may be a restraining order in place, or there may be certain safety issues at stake. This is often the case in situations involving domestic abuse or violence.

However, if amicable divorce is available, it is often recommended as it can help relieve the court’s caseload.

Should I Hire a Lawyer for Help with Amicable Divorce Proceedings?

Amicable divorce is a very specialized type of divorce process. You may need to hire a divorce lawyer if you are considering undergoing amicable divorce. Your attorney can provide you with legal advice and guidance during the process. Also, if you have any questions or legal inquiries, your attorney can provide you with responses to your concerns.

Photo of page author Jose Rivera

, LegalMatch Legal Writer

Last Modified: 05-15-2014 10:11 AM PDT

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