Why an Amicable Divorce?
Advice from an Orange County Divorce Attorney
There is no question that the end of a marriage can be a stressful process. It may threaten to destroy any remaining friendship that you and your spouse have and put a strain on your children. In these difficult times, there are numerous benefits to completing an uncontested divorce or choosing alternative methods in order to avoid a courtroom divorce. Court-ordered divorce agreements may not always have the best interests of each spouse and the children in mind.
Especially when a divorce may be emotionally heated, it can be difficult for spouses to agree on terms that make arrangements agreeable and positive. As an experienced divorce lawyer in Orange County, I can assist you with an approach that is effective for your unique situation and individual needs. Contact Kevin B. Gibbs, APLC and speak with a board-certified family law specialist about reaching favorable resolutions in your divorce.
Alternative Methods of Divorce
California no-fault divorce laws are intended to make divorce processes less involved with assigning blame and more focused on garnering trust and reaching positive resolutions. However, as spouses struggle to sort out divisions of property, rights, and responsibilities, differences of opinion may still give rise to troubling circumstances. Without effective preparation and communication, conflict during a divorce may be inevitable.
There are alternatives to court-ordered divorce procedures. Two of the most effective methods are collaborative divorce and mediation. In a collaborative divorce, both spouses meet outside of court to negotiate the terms and arrangements of a divorce. In mediation, both parties negotiate with the guidance of a third-party mediator. In both situations, attorneys may be present, but are not required. This gives divorcing spouses more freedom to open communication and reach positive resolutions without court-imposed decisions.
What Is Amicable Divorce?
An amicable divorce is a peaceful divorce in which both spouses agree on all the divorce terms. This includes matters such as alimony, child support, child custody, and property division. An amicable divorce doesn't mean the spouses are amicable, just that they agree on the divorce terms.
The Advantages of an Amicable Divorce
An amicable divorce may offer you, your spouse and your children various advantages. This type of divorce can generally be completed in less time than a courtroom divorce and is significantly less expensive. This is particularly true in an uncontested divorce, where you and your spouse have agreed upon most or all issues related to the divorce action. By making arrangements outside of court, whether through divorce mediation or another method, spouses reduce the needs for court intervention and attorney representation.
In amicable divorces, spouses agree on several arrangements, including:
Save Time and Expenses, and Avoid Conflict
In addition to saving you time and money, an amicable divorce can save you undue stress. In general, avoiding a court trial can help you maintain a workable relationship with your spouse. It can also keep your children from having to see a trial or witnessing conflicts as you and your spouse fight for arrangements in court. You, your children, and your spouse may all be saved from emotional trauma if you can avoid a courtroom divorce.
When spouses leave divorce arrangements up to a court order, it is rarely over on the judge's first decision, and spouses may engage in modifications for years following. By making an amicable or uncontested divorce, spouses open up communication and work with each other in order to reach the best possible outcome in a difficult situation.
Find out more about the benefits of amicable divorce. Schedule a free case evaluation with an experienced divorce lawyer at Kevin B. Gibbs, APLC.