Tips for an Amicable Divorce
Rancho Santa Fe, CA – When most people hear the word “divorce,” one of the last adjectives they’re likely to think of is “amicable.” Stemming from the Latin amicabilis, or “ability to be friendly,” it’s a sign that the separation is at least not a horrible one.
When it comes to modern-day legalese, an amicable divorce means that it proceeds without litigation. Litigation is used in cases where the spouses can’t reach an agreement on the outcome of their divorce –usually division of assets or debts, as well as child-related issues—and a compromise simply can’t be reached otherwise.
An amicable divorce, on the other hand, occurs when both spouses and their lawyers negotiate amongst themselves and are able to agree on a settlement.
For example, a couple married less than five years with no children and no property or debt can file for a summary dissolution in the State of California. While other criteria need to be met, this process can be significantly faster and less painful than traditional divorce proceedings. Default/uncontested cases can also progress relatively quickly, especially if an agreement is reached between the parties.
It’s Not All or Nothing
Many assume that a divorce is either all amicable or all contested, when in fact neither is usually the case. It’s not expected that separating parties will agree on many or even most topics; the point is, they are each willing to sacrifice a bit in order to come to as mutual an arrangement as possible.
Tips for an Amicable Divorce
- Treat each issue separately. Just because a couple can’t agree on the division of retirement funds, doesn’t mean that child support gets lumped into this discussion. Each topic (child or spousal support, division of assets and debts, who will live where, and so forth) should be tackled individually.
- Consider mediation. Many family law attorneys specialize in mediation, allowing each spouse to make sure they sign agreements with the proper legal understanding necessary.
- Do some research. Since California has various laws about how community property can be used, even during a divorce, there might be unintended complications if one party spends too much money before the divorce is over.
- Prepare mentally. Divorce is not typically a fun time in one’s life, but the right attitude could go a long way. Instead of being combative with one another, it’s helpful both emotionally and legally if each party is cordial and honest in the divorce dealings.
- Seek professional counsel. Depending on the case, there might be intricacies overlooked without an experienced attorney. It’s best to have legal representation on board the entire way, ensuring as smooth a process as possible.
If you’d like to work on an amicable divorce, schedule a free consultation with John Griffith or one of his experienced colleagues at Griffith, Young, and Lass.
About Us: We at Griffith, Young, and Lass provide outstanding counsel in the area of family law. Our attorneys are knowledgeable and treat all of our clients with the utmost of care and professionalism. Together, we will work with you to achieve the best outcome possible for your case.
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