Amicable divorces are a type of divorce in which each spouse agrees to the terms of child custody and rights of parenting-time, division of assets, division of debt, child support, and alimony. In simple terms, an amicable divorce is an uncontested or cordial divorce option.
Filing for an Amicable Divorce
- Choose which state you should divorce in, subject to how long you have lived in the state.
- Download, print and fill out the divorce request. If you’ve already signed an agreement, your divorce request can reference the agreement.
- Make 3 copies, date all of them and sign them in the presence of a notary.
- Have the court file the original copy.
- Serve the 2nd copy to your spouse through an unbiased 3rd party like a process server or deputy sheriff, or acquire a service waiver, then pay for the filing fee.
- In Arizona, there is a sixty day waiting period. Your divorce can’t be awarded until 60 days have passed since waiver of service.
- Plan a divorce settlement agreement if you have not done so.
- Arrange a divorce decree, sign it, and have your soon to be ex sign it with a notary present. Whereas there are forms on-line for divorce decrees, you may want a more specific decree than the forms provided through the Courts website.
- Submit a planned order and divorce settlement agreement within the county clerk office following the legal waiting period concludes.
This process seems easier than it looks. Divorces may be complex or emotional, and possibly both. One other alternative is to hire a Divorce Mediator or a Collaborative Divorce Attorney to organize your divorce creation and documents with minimal challenges. The following is and Amicable Divorce Checklist.
Foundations of Divorcing Amicably
- Decide to divorce without blame
- Stay concentrated on what is important
- Keep everything clear with no mysteries
- Primary focus on children first
- If you need to retain attorneys, choose attorneys that are going to value your foundations
How to Have an Amicable Divorce When There are Children Involved
You are still able to file for an amicable divorce even if there are children involved. The process for amicable divorce with children is a bit more complicated. Children add difficulties to divorce in relation to custody, support, and responsibilities. Children that are minors may impact the way family assets are allocated. This can create opportunities for individuals to be in disagreement or to be very distant on issues to come to an agreement. A mediator or collaborative divorce lawyer can provide real understanding for possible solutions that would work ideal for everyone involved.
Parental difficulties involving divorce and children that are minors comprise of:
- Child Custody: Who is going to have physical custody of them
- Living Arrangements: Where are they going to live?
- Parenting-Time Rights: How often is the non-custodial parent going to be able to visit them?
- Child Support: How much child support is the non-custodial parent going to have to pay to the custodial parent?
Amicable Divorce Benefits
One considerable benefit of amicable divorces is its low cost and how quick it is. Since both spouses agree to the divorce, the process is a lot quicker and less expensive because emotions are relaxed.
- Quicker Divorce
- Less costly Divorce
- Children Take is Easier
- Better Co-Parenting Relationship with the Other Following Divorce
- Produce a better, more bright future
How Much Does Amicable Divorces Cost?
On average, amicable divorce just as collaborative divorce can cost no more than 25% to 50% of the cost of legal proceedings. Collaborative law cases usually take 50% to 25% of the time a litigated divorce is going to take. Moshier Law attorneys have handled many collaborative law cases for less than $10,000 in legal fees for each party. This is a huge difference from the $20,000-$50,000 (or more) cost of legal proceedings in a court.
Source:
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- Greg DavisMr. Davis’ years of significant experience in family law provide him with the deft touch necessary to resolve property divisions and child custody disputes creatively and promptly. (2019, November 7). What is amicable divorce? Best Legal Choices. https://bestlegalchoices.com/what-is-amicable-divorce/.
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