How To Divorce Amicably
Written by Craig Cherney

How To Divorce Amicably | Peacefully

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If you are searching for “how to divorce amicably,” “how do I end my marriage peacefully” or “how to divorce peacefully,” this post should help!

Amicable Divorce Definition

An amicable divorce is a form of civil divorce. In this process, the spouses agree to the terms of child and spousal support, visitation, custody, and property division. An amicable divorce is an uncontested or peaceful divorce.

Options For Peaceful Divorce

Collaborative divorce and divorce mediation are the best options when you are looking for a peaceful divorce. Both of these methods avoid a myriad of issues and stress that divorce litigation can raise.

Understanding Collaborative Divorce

Collaborative divorce uses a proven method to resolve disputes compared to addressing conflict through the courtroom. People use mediation and negotiation to settle their divorce terms. In some courts, people are required to attempt mediation or alternative dispute resolution (“ADR”) before a divorce case can go to court. This saves time and money and lets you negotiate the best result without having to pay unnecessary attorney fees.

Understanding Divorce Mediation

Divorce mediation is where spouses go through a process to work with a third party who helps you resolve differences. You can create your own solution for your case because no two cases are the same. You both agree to meet with a mediator. The mediator has a goal of helping resolve conflict points. Mediation and ADR help avoid the prolonged court battles and huge legal costs associated with court proceedings. Some issues that are often covered but not limited to include: tax, child maintenance, and support, child custody, parenting time, retirement and distribution of property (assets and liabilities.) According to Ogborne Law, “if you’re both willing, involved, and good communicators, then mediation can be an excellent way to handle a divorce” [1].

Using a Collaborative Lawyer or Mediator To Divorce Peacefully

A peaceful divorce often follows these steps.

  1. The decision to divorce is mutual, or one person accepts the wishes of the person who wants to divorce.
  2. Decide that divorce mediation or collaborative divorce is right for you.
  3. Start the process by contacting a divorce mediator or collaborative lawyer.
  4. Attend mediation, or start the collaborative process.
  5. Attend the mediation or collaborative law meetings.
  6. Reach agreements with your spouse on the terms and conditions of the divorce.
  7. Both spouses sign a final agreement.
  8. Have your collaborative lawyer or divorce mediator submit the paperwork to the court on your behalf.

Filing For An Amicable Divorce

  1. Choose the appropriate court.
  2. Find the uncontested divorce petition, then download and print it.
  3. Fill out the petition.
  4. Make 3 copies, and then go to a notary and sign and date all copies.
  5. You must file one copy with the appropriate court.
  6. Have your spouse served with one copy through an intermediary such as a sheriff or professional process server, pay the filing, fee and wait the required 60 days.
  7. Prepare the agreement for the divorce settlement, including a decree that your assigned judge will sign.
  8. Once the divorce decree is prepared, sign it and have your spouse sign it in front of a notary.
  9. File proposed order and divorce settlement agreement with the county clerk once the statutory waiting period has expired. Conversely, you can hire a Divorce Mediator who will take care of all the legwork on your behalf.

Source:

  1. “Mediation Inside Collaborative Divorce.” Ogborne Law, PLC, 6 Jan. 2018, ogbornelaw.com/mediation-collaborative-divorce/.

Best Legal Choices Can Help With Collaborative Divorce

Divorce in court can be emotionally draining, expensive, and harmful to you, your spouse, and your child(ren). But it doesn’t have to be that with collaborative divorce. The collaborative process can make your divorce less expensive, more efficient, and less harmful to everyone involved. At BestLegalChoices.com we’ve put together a great team of legal, financial, and communication professionals to help you navigate this difficult time in your life.

Wondering whether the collaborative process is right for you? If you have questions or need to speak with someone about collaborative divorce, visit us online and find a professional now! Best Legal Choices helps families throughout Arizona find professionals to help them through the collaborative divorce process.