Amicable Divorce In California

Are Amicable Divorces Possible?

Not all divorces have to be long, expensive, and messy. In fact, there are many separating couples that are able to agree on all the terms of their divorce without ever stepping foot in court. An amicable divorce – also known as an "uncontested" divorce – can help you and your ex move on with your lives peacefully.

While an “amicable divorce” may seem like an oxymoron, it’s still possible to reach a divorce settlement in a peaceful way. Divorce is often the result of two people failing to see eye to eye, but if those two people can agree to treat each other with civility and respect, be transparent regarding their marital finances, and want what's best for their children, there’s the hope of an amicable divorce.

To make their divorce run smoothly, a couple must approach the end of their marriage with respect and maturity and come to agreement on all the various issues that need to be addressed. Yes, that can be done. 

Complete agreement on every part of the divorce settlement from the start is not necessary. All that is needed is a commitment to resolution and a willingness to cooperate on the part of both spouses. For example, spouses may find the child custody arrangement or the division of a particular asset to be a sticking point; but with the assistance of a trained divorce mediator, they can work through those issues together without having to go before a judge.

Easy, Amicable Divorce – The Pros of an Uncontested Divorce

The major advantage of an uncontested divorce is that both parties can avoid litigation, which can be a lengthy, expensive, and emotional process. In an uncontested or amicable divorce, all the paperwork can be finalized in your attorney’s office.

That being said, while there are many advantages to an uncontested divorce, they are not for everyone.

The Cons of an Uncontested Divorce

The biggest obstacle to filing an uncontested divorce is that both you and your spouse will have to compromise on tough issues like child custody, child support, spousal support, and division of property. When there are children, significant assets, or other legal issues pertaining to your divorce, it may not be possible for you and your spouse to reach an agreement without the intervention of the court.

Mediation is another alternative to divorce court, but sometimes it’s simply too difficult for parties to agree on how to separate their lives on their own.

Do I Need a Lawyer for an Uncontested Divorce?

Even if you and your spouse are agreeable to the terms of the divorce, you should still hire an attorney to help you through the process.

An experienced attorney can help negotiate agreements on difficult points, as well as finalize all the necessary paperwork and file it with the court. An attorney can also help you understand the total effect of your divorce on complicated issues, such as taxes, which you may not fully understand. While awareness of these issues may impede any agreement you previously thought was acceptable, there are important legal ramifications of divorce that require careful consideration.

If you are thinking of getting a divorce or are in the middle of one and you want to try to resolve things amicably, feel free to call Feinberg & Waller, APC, at (866) 452-3644 today for a consultation and an assessment of your situation.

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