What is Amicable Divorce?
Written by Greg Davis

What Is Amicable Divorce?

Date:

An amicable divorce is a form of divorce where each spouse agrees to the terms and conditions of child custody and parenting time rights, asset division, debt division, child support, and spousal support. Simply put, an amicable divorce is an uncontested or peaceful divorce option.

How to File for an Amicable Divorce

  1. Decide which state you should divorce, depending on how long you have lived in Arizona.
  2. Download, print and fill out the divorce petition. If you already have a signed agreement, your divorce petition can reference the agreement.
  3. Make three copies, date all copies and sign them in front of a notary.
  4. File the original copy with the court.
  5. Serve the second copy to your spouse through a third party such as a process server or county sheriff, or obtain a waiver of service, then pay the filing fee.
  6. In Arizona, there is a 60 day waiting period. Your divorce cannot be granted until 60 days have passed since service.
  7. Arrange a divorce settlement agreement if you have not already.
  8. Prepare a divorce decree, sign it, and have your spouse sign it in the presence of a notary. While there are forms online for a divorce decree, you may want a more detailed decree than the forms offered on the Court website.
  9. Submit a proposed order and divorce settlement agreement with the county clerk after the legal waiting period ends.

This process looks more simple than it is. Divorce can be complicated or emotional, or both. Another option is to hire a Divorce Mediator or a Collaborative Lawyer to structure your divorce preparation and documents with minimal conflict. Take a look at this Amicable Divorce Checklist.

Cornerstones of Divorcing Amicably

  1. Decide to divorce with no blame
  2. Stay focused on what is important
  3. Keep everything transparent with no secrets
  4. Your children come first
  5. If you must retain lawyers, choose lawyers who will value your cornerstones

Learn more here: How to Divorce Amicably

How to Have an Amicable Divorce When You Have Children

You can still file for an amicable divorce even if you have children. The process for amicable divorce with children is a little more complex. Children add challenges to divorce in terms of support, custody, and responsibility. Children who are minors may influence the way the family assets are divided. This can produce opportunities for people to disagree or to be too far apart on issues to reach an agreement. A divorce mediator or collaborative divorce attorney can offer real understanding into potential solutions that would work best for all involved.

Parental challenges involving divorce and children that are minors include:

  • Child Custody: Who will have physical custody of the child(ren)?
  • Living Arrangements: Where will the child(ren) live?
  • Parenting Time Rights: How often will the non-custodial parent be able to visit them?
  • Child Support: How much child support will the non-custodial parent have to pay to the custodial parent?

Amicable Divorce Benefits

One significant benefit of an amicable divorce is the low cost and how fast it is. Because both people agree to the divorce, the process is a lot faster and cost less since emotions are calmer.

  • Faster Divorce
  • Inexpensive Divorce
  • Easier the on Children
  • Better Co-Parenting Relationship with Spouse After Divorce
  • Create a better, more promising future

How Much Does Amicable Divorce Cost?

On average, amicable divorce like a collaborative divorce can cost no more than one quarter to one-half the cost of litigation. Collaborative law cases generally take one half to one quarter of the time a litigated divorce would take. Best Legal Choices professionals have handled many collaborative law cases for less than $10,000 in legal fees per party. This is a big difference from the $20,000-50,000 (or more) cost of litigation in a court.

Source

  1. “Amicable Divorce Facts and Tips – Divorce Source.” Divorcesource.com, www.divorcesource.com/ds/uncontested/amicable-divorce-facts-and-tips-4523.shtml.

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.