Separating from someone you planned on spending your entire life with is stressful. You have built a life together, and while your marriage may be ending, being amicable is an option.
Amicable divorces are ideal. Perhaps you and your spouse agree that the best path forward in the marriage is divorce.
You may not be best friends or even maintain contact after the divorce, but you can both agree on:
- Divorcing without litigation.
- Compromising to avoid deadlocks.
- Division of assets, child custody and other matters.
At Wine Country Family Law, P.C., we know that an amicable divorce is in your best interest. It may be time to go your separate ways, but but that doesn’t mean the process has to be lengthy or burden either spouse with the stress of a contested divorce..
You can try to divorce on good terms, but you first need to work through the areas that bring the most friction in a divorce.
What Aspects Of A Divorce Can Bring The Most Disagreements?
Any area of divorce can cause disagreements, but the most common are:
Separation of Assets
The sum of your assets will fall into one of two categories: community property or separate property. Most property that you accumulate together, both assets and debts, will fall under community property and must be divided in the divorce.
For example, assuming you don’t want to litigate, you’ll need to agree on how to divide:
- Real estate
- Automobiles
- Savings from the marriage
- Furnishings
- Investments
- Liabilities and debts
- More
Each spouse may also have separate property, which was their property prior to the marriage or after separation. Gifts and inheritance may also be the separate property of a spouse and will not be part of the division of assets.
Compromise is necessary with separation of assets because it’s not uncommon to agree that one spouse getsthe marital home and the other receives more of other assets to make the division fair.
Child Custody
Child custody issues complicate divorce matters. In the ideal situation, both spouses will agree on a joint custody agreement where each receives equal amounts of parenting time with the child. The court sees the benefit of both parents’ involvement in raising the child.
If one parent is struggling with substance abuse,r causes harm to the child, or wants to move away with the child, it can derail an amicable divorce and may not be resolvable outside of court.
Child Support
Parents have an obligation to pay for their child’s living expenses. If one spouse has the child all week and the other on the weekend, it’s not uncommon for child support to be given to the parent who has the child the majority of the time.
Every situation is different, but child support matters are ideally agreed upon in an amicable divorce.
Child support is determined by each parent’s income, physical responsibility of the child and multiple other factors. If each spouse earns a similar income and custody is split equally, child support may not be necessary.
Spousal Support
Also known as alimony, spousal support is provided in some divorces to help a spouse maintain the “status quo” during the divorce process and help with the monthly expenses of the spouse following the divorce. Permanent support may be possible and may occur when one spouse had spent most of the marriage raising children and the other had worked, impacting one spouse’s earning capabilities.
Working towards an amicable divorce is possible and there are multiple pathways to achieve this goal.
What Are Ways That Couples Can Try To Amicably Divorce?
Couples who want to divorce amicably have many options, including:
Uncontested divorce: If you and your spouse can come to an agreement on all issues, you may be able to divorce without ever stepping foot in a courtroom.
Mediation: Couples can work with a neutral mediator as well as their attorneys to reach an agreement on key issues their lawyers are unable to resolve.
Summary dissolution: If your marriage meets certain requirements, you may qualify for the summary dissolution process.
Summary dissolution is very limited, only available for couples who:
- Have been married less than five years
- Have relatively little debts and assets
- Do not have children
- Do not want spousal support
- Agree on how to split their property
You must meet all of these requirements to use this process for your divorce. Otherwise, you will need to use the standard divorce process.
What Types Of Agreements Are Necessary For An Amicable Divorce?
Generally, an amicable divorce requires both parties to come to an agreement on:
- Child custody arrangements
- Child support
- Spousal support
- Property division
Spouses may also have an amicable divorce through:
Default with agreement. If you and your spouse are in agreement on all issues relating to your divorce, you may be able to agree to a default divorce. In this case, the spouse who was served the divorce papers does not file a response and the other spouse requests a default judgment. An agreement is written up stating that you agree to end the marriage and the details you agree upon relating to:
- Child support and custody
- Spousal support
- Property division
The agreement must be signed (the defaulting spouse’s signature must be notarized) and submitted to the court along with a set of final forms. The court will review these documents and may finalize your divorce. There are significant risks to the defaulting spouse, however, and should be discussed with an experienced divorce attorney before proceeding by default.
If a couple chooses not to take the default with agreement route, they can enter into an Marital Settlement Agreement (MSA) at any time after the initial filing of the Dissolution of Marriage. The agreement generally resolves all rights and obligations that are applicable to your case, including property division, child custody and support. The agreement will be effective once the judgment of dissolution of marriage becomes final.
An amicable divorce is generally the quickest and least stressful way to end a marriage. However, even when you and your spouse can come to an agreement on all issues, it is important to have an attorney who represents you, advocates for your interests, and can draft a rock solid enforceable Marital Settlement Agreement in case things go south in the future.
The experienced family law attorneys at Wine Country Family Law, P.C. can guide you through your amicable divorce.
Contact us today to schedule a consultation and find the next steps in your divorce proceedings.
