The definition of amicable divorce is a subject of much debate. Many people feel that the phrase is an oxymoron. By its definition, divorce is an adversarial process, so how could it possibly be amicable? But believe it or not, it is possible to have a quick and easy, relatively drama-free divorce, provided both sides are willing to work toward this end.
So what is amicable divorce? It is another term for uncontested divorce; basically a process during which both parties work out their differences without the necessity of extensive, drawn out legal procedures. In most cases, this type of divorce will involve one party filing for divorce and both parties discussing their differences and agreeing on the conditions for their divorce, then filing the paperwork when everything has been ironed out.
When considering the definition of amicable divorce, it’s easy to see what the advantages would be. It can make the entire process much quicker and less painful. It also allows both parties to keep their issues private, as only the basics of their agreement need to be made part of the officially filed paperwork. The specifics of their disagreement can remain off the record, allowing both parties some ability to save face.
Because an amicable divorce reduces the need for legal representation it can also be significantly less expensive, another factor that can make it a very attractive option. So when asking what is amicable divorce, you could say that it’s a way to save both parties time, money and heartache by streamlining the entire divorce process.
Of course, every coin has two sides and there can be disadvantages to going through an amicable divorce. Primarily, when looking at the definition of amicable divorce and realizing that it involves friendly negotiating leading to mutual agreement, a spouse who is not willing to talk through the issues or is simply out to get as much money as possible from a divorce will make completing the process very difficult if not impossible.
Also, there are some circumstances under which an amicable divorce will not be possible at all. This is primarily the case for divorces that that involve physical, sexual or emotional abuse. When asking what is amicable divorce, it should be obvious that it would not be possible to sit down and peacefully negotiate the terms of divorce with an abuser.
Barring these kinds of circumstances, however, individuals who understand the definition of amicable divorce may well wish to go this route. This is particularly true for couples with children, but it really applies to any couple that simply wishes to get through the divorce process without dragging it out and making it uglier than it needs to be.
If you are considering a divorce, make sure you look at all of your options and consult with an family law professional or counselor in order to figure out if an amicable divorce may be the best way for you to go. If you do take this road and you can make it work, it can allow you to get past the pain and on the road to recovery sooner rather than later.
The author of this blog is not an attorney and the information contained in these blogs should not be considered legal advice. The information provided here is based on the experience of the author and some of her clients whose actual names are not mentioned. Do not hesitate to seek the advice of an attorney if you have any legal questions