What is an Amicable Divorce
An amicable divorce is one in which the couple agrees upon terms of separation and are able to live separate lives with some level of peace. The court does not need to be involved in an amicable divorce when both parties agree on everything.
In Arizona, you don’t have to go to court to complete an amicable divorce. Instead, you can sign and file a Marital Settlement Agreement and Consent Decree to complete an amicable divorce.
If you’re considering getting a divorce, think about whether or not an amicable divorce might be right for you.
What are the Benefits of an Amicable Divorce
There are many benefits to getting an amicable divorce. When two partners can communicate and cooperate with each other during the entire process, it sets a good example for their children.
It also means that they avoid costly legal fees and protracted court battles.
Most importantly, when parents get along during their divorce proceedings, it establishes a positive atmosphere for the children. This will help them in the future should they ever find themselves in a similar situation. Remember, children learn from their examples.
Treat Your Spouse With Respect
No one enters into a divorce expecting it to be easy. It’s an emotionally charged process that can quickly spiral out of control if both parties aren’t careful. The goal should always be mutual respect and politeness, no matter how bad things get.
It’s important to begin the divorce process by getting into a positive state of mind and keeping your cool. Acting on anger or other emotions will only cause you more frustration in the long run.
When speaking with your spouse, try to avoid insulting them in front of their children and relatives. This is petty and will only make things worse. You’ll want to maintain some level of civility throughout the entire process for the sake of your children (and yourself).
How Much Does an Amicable Divorce Cost in Arizona
If you and your spouse are able to come to an agreement on all of the issues, then it’s likely your divorce will be considered “amicable.” In this case, you can expect to pay between $2,500 and $3,500 in attorney fees.
How Long Does an Amicable Divorce Take in Arizona
The length of time it takes to get an amicable divorce varies depending on the couple’s situation. However, most couples are able to finalize their divorce within two to three months; although you do have to wait at least 60 days to file your agreement upon divorce settlement to the court. This timeline can be shortened or lengthened depending on how well the couple communicates and cooperates during the separation process.
One of the benefits of pursuing an amicable divorce is that it tends to take less time than a contentious one.
What are Some Tips for Having an Amicable Divorce
When you’re getting divorced, it’s important to remember that the goal should be an amicable split. This doesn’t mean everything will be perfect after the fact, but it does mean that both spouses and any other parties involved should try to avoid conflict as much as possible. Here are some tips for having a smooth divorce:
1. It’s going to be a process, so be patient and take things one step at a time.
2. Be fair and honest with your ex-spouse–this is the only way to find compromise and minimize conflict.
3. Remember that “amicable” doesn’t mean everything is great; it just means there’s no animosity between everyone involved.
4. Try to establish a co-parenting plan if you have children–this will help them adjust better to the change in their family structure.
5. Find a positive group of supportive friends who can help you through this tough time.
6. Open yourself up to rewriting who you are and where you’re headed as a single parent–you’ll need all the support you can get!
7. Realize that the tone of your divorce proceedings will set the stage for future interactions between you and your ex- spouse.
8. If possible, try to finalize your divorce without appearing in court. In many states, including Arizona, this is an option.
Can Couples with Minor Children or Substantial Assets Have an Uncontested Divorce
Yes, couples with minor children or substantial assets can have an uncontentious divorce. This type of uncontentious divorce usually happens when both parties are in agreement about the terms of their separation and there are no disputes over child custody or division of property.
If you and your spouse have minor children together or if you have significant assets that need to be divided, then you will likely not be able to proceed through the divorce without help from a lawyer. This is because more planning and negotiation will generally be required in order to make sure all details are accounted for.
In some cases, hiring attorneys before starting the divorce process may actually help speed it up. Attorneys can review your paperwork and make sure everything is in order before you file anything with the court. If you are making more complex decision like dividing retirement or investment accounts–having lawyers involved can ensure that these decisions are made fairly and amicably.
Why You Still Need Representation for an Amicable Divorce in Arizona
Do I Need a Divorce Lawyer if We Agree on Everything
The process of divorce is often painful and stressful. In some cases, the answer to this question is “no.” If the other party deviates from the agreement or changes their mind about reconciliation, you will need representation.
Having an attorney represent you during an amicable divorce provides several advantages: attorneys can help review paperwork before filing it with the court; they can protect your interests if negotiations break down; and they can make sure the terms of any agreement are fair and equitable.
You or Your Spouse Own Real Estate or a Business
If you or your spouse own real estate or a business, it’s important to think about how that will be divided in the divorce agreement. You must have a written settlement agreement in place that covers all the important details before the finalization of the divorce. This will help make sure everything goes smoothly and there are no surprises down the road.
One way to ensure that all of your bases are covered is to work with an attorney who can help create a checklist for you. This document should include all of the important agreements between you and your spouse- from bank accounts and retirement funds, to property and debt.
One Party Wants or Needs Alimony
Alimony is usually a hot-button in a divorce. Many spouses are strongly opposed to paying their spouse any alimony. This makes amicably resolving a divorce more complex and difficult.
It also makes it more difficult to decide how much alimony should be paid and how long it should be paid.
However, an experienced attorney should be able to provide you with a close estimate of how much alimony a judge would award and the length of time alimony should be paid.
So, as long as you listen to the advice of an experienced Arizona divorce attorney, the subject of alimony should not prevent you from completing your divorce amicably.
Have an Open Mind for Negotiation
When it comes to divorcing your spouse, it is important that you stay focused on the key points of interest. This way, negotiations will be less difficult and more productive. However, this is easier said than done. Often times, people get wrapped up in the emotion of divorce and forget what’s really important.
To have a successful negotiation, both parties need to be open minded and willing to listen to the other side. This can be hard when emotions are running high, but it is essential for reaching a peaceful resolution. If one person is not interested in hearing what the other has to say, the negotiation will inevitably fail.
Think About your Children’s Needs.
One of the most important things to consider when going through a divorce is your children’s well-being. It’s crucial to remember that they are very sensitive to changes in mood and attitude between their parents. This can be extremely confusing and upsetting for them, so it’s best to try to avoid fighting with the other parent as much as possible.
Remember that you will have to loosen your grip and trust your ex with raising children some time. By behaving in a civilized manner, both you and your ex can help make things easier on your kids emotionally.
In fact, by working together, you may even find that co-parenting can be successful!
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About the Author: Chris Hildebrand has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills Magazine and others. Visit https://www.hildebrandlaw.com.