Divorce is often viewed as a contentious process with lots of arguing. However, this is not always the case. Amicable divorces do exist. When both spouses agree to end their marriage, they can often agree on the the terms of the split without fighting or hostility. Amicable divorces are characterized by mutual respect, open communication, and the desire to reach a resolution that benefits both of you.
Divorces that enjoy a friendly parting allow couples to end a marriage with dignity. It is best for both to avoid the turmoil and emotional damage that accompanies highly contested divorces. By parting with cordiality and respect, couples also save on the lawyer and court fees that come with arguments in and out of the courtroom. Instead, couples can choose to resolve their issues through conversation and negotiation among themselves and their attorneys or formal mediation which allows them to work through their issues together with the help of a trained mediator.
What is an Amicable Divorce?
Family law defines an amicable divorce as one that is achieved without contention or acrimony between the two parties, allowing for both parties to move on with their lives in as smooth a fashion as possible. Achieving an amicable divorce can be much more difficult than it may sound and requires both individuals to be committed to the process and willing to work together.
This type of divorce often involves mediation, which allows both parties to come together in an informal setting and negotiate an agreement. If successful, this can lead to an uncontested divorce whereby both parties agree on all aspects of the separation without going through a court hearing. Other forms of amicable divorces include collaborative divorces, which involve lawyers working together with each other and their clients in order to find mutually acceptable solutions for all issues arising from the separation.
Reasons to Choose to Divorce Amicably
An amicable divorce is an ideal way to end a marriage. It is often less expensive, faster, and less emotionally draining than a traditional divorce. An amicable divorce allows both parties to work together to resolve their issues in an efficient manner, making it the best option for those looking to go through a divorce with minimal stress. It also allows the couple to come up with creative solutions that can benefit both sides. For instance, if there are children involved, they may be able to find a co-parenting arrangement that works for everyone.
Through amicable divorce, some couples can agree on how assets and debts will be divided without having to fight it out in court. This can help save significant amounts of time and money in legal fees by avoiding long court battles.
How Long Does an Amicable Divorce Take in California?
The process is generally much quicker in an amicable divorce than in a contested divorce, as there are fewer steps involved. Generally speaking, an uncontested divorce in California could take anywhere from one to three months. If the couple has complex issues, such as significant debt or assets to identify and divide, then it could take longer. Sometimes couples with children may take longer as they have the added task of working out custody, visitation, and child support.
Why Do You Need a Lawyer When Divorcing?
Even if you and your spouse are in agreement on the details of your divorce, it’s still important to have a lawyer involved. There are legal steps and procedures that must be followed, things you probably have never dealt with and hopefully will not have to again as most people only divorce once. An experienced divorce lawyer like Bradley Bayan and his staff can make sure that all the paperwork is in order and is properly filed. He will make sure that your interests are represented and that you understand all the legal implications of your decisions, and that any agreements made are legally binding. Having legal representation helps to guard against regrets or potential future problems that could arise from the divorce settlement that was not assisted by legal counsel.
An attorney will provide objective advice and assess the situation from a legal standpoint to ensure that both parties are being treated fairly. They can review any documents related to the divorce and advise on any changes or additions that need to be made in order for them to be valid. They can help negotiate child support or alimony payments, as well as the division of assets such as property or investments.
Schedule a Consultation With a Redwood City Divorce Lawyer
While amicable divorces may not be possible for every couple, they offer a viable alternative for those who wish to end their marriage with as little conflict as possible. Contact the Law Offices of Bradley Bayan at (650) 364-3600 to schedule a free consultation to discuss your divorce and to see if an amicable divorce is possible in your situation.
