Is Amicable Divorce Even an Option for Me?

Woman and her son.

Well, well, well… considering a divorce, are we? Or are you just here to show some love and support to someone who is? Either way, welcome to the party, friend! We’re here to lend a helping hand, because let’s be real, divorce is no walk in the park.

When it comes to divorce, being in the know can make all the difference. The more you understand your options, the smoother the process will be. That’s where we come in. We’re all about amicable divorce, the positive and peaceful way to say “adios” to a marriage that’s not working out or one that’s run its course.

Our mission? To arm you with accurate, up-to-date info so you can make informed decisions for you and your loved ones during this trying time. So let’s get into what an amicable divorce actually is, when it’s an option, and answer some of your burning questions. We got you!

What Even Is an Amicable Divorce?

An amicable divorce, also known as the “uncontested” or “out-of-court” divorce, is when both parties can actually agree on something for once – the terms of their separation, without the court getting involved.  

Can you believe it? No need to sharpen your sword and battle it out in court like Gladiators. Instead, you can settle things like grown-ups, come to a mutual agreement on all aspects of the divorce, and possibly be simpatico for life. It’s a win-win, especially if you have children!

The beauty of an amicable divorce is that it can be quick and relatively painless. No need for a trial, motion practice, or other courtroom drama. You might even reach an agreement faster than you can say “irreconcilable differences.” You and your ex can even work together to decide how your assets will be divided and what custody and parenting time looks like. 

It’s like a team-building exercise, but instead of building bridges, you’re dismantling them… in a peaceful and respectful way, of course. So when you’re looking to make a clean break and move on with your life, an amicable divorce might just be your golden ticket.

The Perks (There’s a Ton)

If you’re looking to end your marriage with a little less drama, then an amicable divorce is the way to go. Trust us, it’s like a breath of fresh air compared to the typical bitter, fiery divorce. And the best part? It’s especially important to consider when children are involved. Maintaining a friendly and cooperative relationship can reduce the emotional trauma and stress that your little ones will face. I mean, come on – it’s a no-brainer! Even if you and your partner don’t seem to agree on anything, you both love your kids. 

But that’s not all. An amicable divorce is also more cost-effective and time-efficient. You won’t need to spend a huge fortune or waste precious time and energy duking it out in court. Instead, you can work together with your soon-to-be-ex and maybe an experienced matrimonial mediator to reach an agreement that works for both of you. It’s like a DIY divorce, but with way less glitter and hot glue.

And here’s the cherry on top – an amicable divorce often results in a more satisfactory agreement for both parties. By collaborating and working together, you can ensure that your individual needs and preferences are considered. 

The result? A fair and equitable resolution that’s less likely to lead to future disputes. 

Is An Amicable Divorce in the Cards for You?

If you’re looking for an amicable divorce, there are a few situations where it’s more likely to be an option. Firstly, if you and your soon-to-be-ex can communicate like the mature adults you are and share a mutual understanding on the basic goals, then you’re on the right track. This is especially important if you have children involved, as co-parenting requires cooperation and communication. But we also totally get that this is easier said than done. 

Another situation where an amicable divorce is more likely is if you don’t have a ton of assets to divide or children. It’s easier to come to an agreement on how to divide fewer assets, and if there are no children then child custody and child support are not on the table.

That being said, don’t lose hope if you do have significant assets and you do have children. It’s still very possible to have an amicable divorce, and we’ve done it many times, but it may require a bit more effort and agreement on all decisions.

If you and your soon-to-be-ex have already reached an agreement on all aspects of the divorce, then an amicable divorce is definitely an option so long as you don’t get hung up on the details. As long as both parties are in agreement on the division of assets and debts, child custody and support, spousal support, alimony, and any other divorce-related issues, then you can have a faster and less expensive divorce.

Here’s what you’ll need to be on the same page about:

  • Division of assets and debts
  • Child custody and parenting time
  • Child support 
  • Alimony / Alimony waiver
  • Any other divorce-related issues

Remember, an amicable divorce is all about cooperation and communication. So take a deep breath, put on your big boy and girl pants, and get ready to work together towards a peaceful separation.

Doesn’t the Court Come In Somewhere?

Yes, that’s the last step of an amicable divorce.  You and your spouse can agree on all your terms and put together a legally binding Settlement Agreement.  

Then, you still have to file your Complaint to tell the court that you’re settled and get ready for that gavel to fall on your actual divorce. (Only a judge can sever the bonds of matrimony and grant your divorce.)  There are several legal hoops to jump through in New Jersey to get your Complaint prepared, filed, and served on your ex under the Court Rules. We recommend you leave that to an experienced matrimonial attorney to help you. 

That said, there will be a short hearing before a Judge to be sure you have read and understand your Settlement Agreement, and once your Judgment of Divorce is in hand you’re home free!

Amicable Divorce FAQ’s

Can a contested divorce turn into an uncontested divorce?

Yes, a contested divorce can turn into an uncontested divorce if both parties are willing to put in the work. Now, we know that compromise and effective communication might not come naturally when you’re in the midst of a divorce, but hear us out.

If you can both find it in your hearts to give a little, you might be surprised by how quickly things can shift from bitter to better. It’s all about finding common ground and being open to hearing each other out.

Now, we’re not saying it’s going to be easy, but it’s definitely worth it. An uncontested divorce means less time, less money, and less stress. So, put your thinking caps on and get ready to find some middle ground. Your future selves (and your children) will thank you.

Is an amicable divorce faster than a contested divorce?

You betcha, an amicable divorce is like the express lane at the grocery store – quicker and less painful. By avoiding a lengthy court battle, separating couples can save precious time and get on with their lives faster. Plus, who wants to spend more time in court than necessary? It’s like a never-ending game of “he said, she said” that nobody wants to play. So, if you’re looking to cut down on the divorce drama and get out of the legal system as soon as possible, an amicable divorce is definitely the way to go.

Can couples with children get an amicable divorce?

Oh yeah – parents with kids can totally have an amicable divorce. (We’ve done it many times.)  And let’s be real here, an amicable divorce can be a game-changer for families with children. By keeping the peace and putting the kiddos first, you can minimize the negative effects of divorce on their innocent little hearts.

When both parents come together to create a solid parenting plan, it can make all the difference in the world. Think about it – your kids are already going through enough changes, so why not make this one a little easier for them? An amicable divorce can help create a smoother transition and a more positive outcome for everyone involved. And let’s be honest, no one wants their kid to be stuck in the middle of a nasty divorce battle – that’s just not cool. 

What if one of us changes our mind about our agreement?

If one party has a change of heart, the divorce can quickly become contested. Trust us, you don’t want that kind of drama in your life. 

That’s why it’s essential to have an experienced matrimonial attorney on your side. They can help ensure that the agreement is fair and reasonable for both parties. Plus, they’ll make sure that all the necessary legal boxes are checked, so you can finalize your divorce without any unwanted surprises.

Do I still need a lawyer for an amicable divorce?

The answer is a resounding YES. Even if you and your ex are getting along swimmingly, having an experienced matrimonial lawyer in your corner can help ensure that your rights are protected and that the agreement you reach is fair and reasonable. Plus, navigating the legal system is not exactly a walk in the park. A lawyer can help guide you through the process and make sure you don’t miss any important steps.

So, if you’re considering an amicable divorce, do yourself a favor and consult with a family law attorney. They can help you understand your options, protect your interests, and make the process as painless as possible.

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