Divorce is the term provided to the process which eventually leads to dissolution of marriage between two individuals. Divorce is actually a painful and stressful phase faced by most of the married individuals these days.
The inability to remove all differences after countless trials and dissatisfaction from partners for various reasons reflects the complete incompatibility between two partners. As a result, it is the only solution suggested and followed by such people.
However, various forms may vary on the basis of your condition with your spouse. There are several conditions such as agreement of both the individuals about getting separation from each other or the condition where one partner is filing the case on the basis of faults reported through petition form and likewise.
Hence, a specific type is decided on the basis of conditions between both the individuals. Similarly, amicable divorce is one of the most common and granted divorce reported in various states of America.
Here, we are providing detailed information regarding essential features associated with amicable divorce case.
What is an Amicable Divorce?
This legal process entails the condition where both the partners agree on their common decision of getting separation from each other.
In amicable process, both the partners are meant to solve all issues related to your case on prior basis without involvement of any third party or person.
These third party individuals can be the attorney or lawyer, mediator or counselor. However, the function of all these professionals may or may not be required during the case of amicable legal process.
Read more on my post on Different Types of Divorce in the United States.
It is believed that amicable case helps to minimize the stress and problematic situations and hence, a better option as compared to rest of legal forms.
The most significant condition, which surely results into the case of amicable divorce is that when both the parties are satisfied and agree with rules and regulations defined by the state.
Requirements before filing an Amicable Divorce in the Courthouse
Once you and your spouse completely agree with the amicable case situation between each other, it is important that you must prepare definite plan before filing the case in the court.
Here we are mentioning some of the major requirements before filing the case :
First of all, you and your spouse should acquire complete knowledge regarding all laws and rights defined particularly in your state.
If possible, you must consult with some experienced attorney or lawyer to get the accurate guidelines regarding each and every step taken in your entire process.
Another crucial requirement is to maintain all updates of your legal case in the form of a well written document as these divorce papers may be required by the judge during final trial process. As there can be possibility that no representative or attorney can be hired in the case of uncontested divorce, so proper documentation is one of the major requirements for such case.
You must try to maintain a healthy and friendly relationship with respective spouse with whom you are getting separation. Especially, you and your partner are required to be mutually agreed on important issues such as visitation period of your child, child support issues and likewise.
Reads also: Can Parents Divorce Cause PTSD in a Child
The similar opinions or say mutual agreements regarding all essential matters is the most considerate point for the courthouse to grant this special type of divorce to you and your partner.
While implementing all crucial steps in your separation case, you must try to be fit in both ways physically and mentally as well. In order to easily withstand the unfavorable or say stressful consequences from your separation from respective partner.
Advantages of an Amicable Divorce
The most significant advantage involved with such process is that no additional formalities like litigation process or number of hearing sessions are covered by this process. Hence, lesser time can be consumed while fulfilling the legal procedures and so maximum time can be saved.
Another advantage is related to the monetary aspect as no extra money is required to be spent by either of two partners especially, in terms of paying high fees of attorneys or lawyers, consulting counselors or mediator and likewise.
As a result, several costly affairs can be avoided in the case.
I’ve written an article about The Average Cost of getting Divorced in the United States and I encourage you to read it.
Disadvantages of an Amicable Divorce
The entire process is based on compromises made by both the parties in all crucial issues associated with this legal process.
As a result, there are some issue such as child support or child custody matter which requires definite investigation and time for considering the best decision for the parties.
However, the consideration of child’s personal interest is also one of the major requirements for the courthouse. However, the work regarding the child’s personal interest can be a time consuming task, so it is not possible in the case of amicable or uncontested process.
As a result, decisions regarding various issues can be wrongly taken due to unavailability of professionals of this field and insufficient time.
The amicable divorce is one of the simplest legal process that demands fulfillment of definite requirements and also acquires advantages and disadvantages as described above.