Achieving An Amicable Divorce
Divorce comes with many challenges since it involves making key decisions concerning the couple’s finances, children, and future. Despite this, both spouses can avoid animosity and conflict by approaching this process with an understanding of each person’s needs and why the divorce is happening. Find out how to get an amicable divorce, and learn how a knowledgeable South Carolina family lawyer can assist individuals with divorce proceedings; call King Law Offices at (888) 748-KING to speak to our legal team.
What Is an Amicable Divorce?
Per the data from the National Center for Health Statistics (NCHS), divorce occurs for every 2.4 individuals out of 1,000 in the United States. Divorcing amicably involves the spouses agreeing on the divorce terms without pursuing litigation. This type of divorce means the couple agrees on a method of splitting their debts, assets, and parenting time without having a court decide, but it does not have to involve the couple ending their marriage on positive terms and continuing to speak to each other after the divorce’s conclusion.
These divorces can take different forms. Some are uncontested, which means the parties agree on all divorce matters from the beginning, but some also involve the spouses cooperating with one another to reach a solution, via mediation or collaboration, that pleases both parties despite not agreeing on every issue at first.
Do I Need an Attorney for an Amicable Divorce?
While possible without an attorney, couples may seek a lawyer’s services to help them avoid possible misunderstandings and pitfalls when pursuing a conflictless divorce. Here are the reasons why many individuals opt to hire an attorney when looking to divorce their spouse amicably.
Facilitating Fair Settlements
Attorneys can help ensure that the settlement is fair for both parties by providing insights into the individuals’ legal options and rights. They may also assist with navigating financial issues, such as fairly dividing assets and identifying appropriate support payment levels.
Drafting Detailed Agreements
When looking to divorce amicably, having sound legal agreements in place can help protect each party, and an attorney can draft detailed documents covering all divorce issues, reducing the chances of future disputes or misunderstandings. Effective agreements typically address debts, asset division, financial support, and child custody arrangements.
Navigating Legal Processes
Divorce lawyers can help couples navigate legal processes, complete the necessary paperwork correctly, and file this documentation on time. They also advocate for the spouses’ interests during negotiations and court proceedings and protect their legal rights throughout this process.
Supporting Mediation
Divorcing amicably may entail utilizing mediation to resolve divorce issues. An attorney can assist with mediation preparation and negotiation tactics. They can also check that any agreements reached are enforceable and fair while providing objective representation and advice to facilitate informed decision-making.
Protecting Legal Rights
A divorce lawyer can review settlement offers and proposed agreements to check they are fair and comply with the law, protecting the spouses’ interests and legal rights. They may also offer advice concerning the divorce’s possible legal outcomes, including future financial or tax obligations.
Learn more about how to have an amicable divorce, and discover how an experienced South Carolina divorce attorney can help those thinking about ending their marriage. Contact King Law Offices today to schedule a consultation.
Planning for the Future
In addition to assisting with reaching a settlement, an attorney can offer useful long-term guidance concerning financial planning, insurance coverage, and estate planning. They can help spouses plan for success after the divorce and establish a solid financial and legal foundation from which to move forward.
What Is the Cost of an Amicable Divorce?
The costs associated with divorcing amicably depend on the type of alternative dispute resolution (ADR) method utilized. For instance, mediation, defined by the Office of Civil Rights as the process of hiring a third party, known as a mediator, to help the parties negotiate a resolution that is acceptable to both parties, can cost between $5,000 and $15,000 depending on the case particulars. By contrast, collaborative divorces, which refer to when the lawyers of each spouse work together to reach a solution outside of court, may cost more than mediation.
How To Divorce Amicably
Communicating effectively, prioritizing children, considering mediation, displaying empathy, and other approaches can facilitate the process of obtaining a cooperative divorce. Divorcing spouses may improve their chances of experiencing a conflictless divorce by following these tips:
- Communicating constructively: Communicating in a non-confrontational manner establishes the foundation for achieving a conflictless divorce. In addition to being honest and open with the other spouse, this involves consistent communication that fosters dialogue rather than provoking a response, which entails focusing on looking for common ground, respecting one another, active listening, and avoiding distractions and interrupting the other spouse during important conversations, such as those related to children.
- Prioritizing children: If the divorce involves children, prioritize their well-being throughout the divorce process and work toward developing a parenting plan with the other spouse that maintains a nurturing and stable parenting environment. During child custody discussions, focus on providing the children with stability and consistency, and in the parenting plan, be sure both parents can stay involved in the children’s lives while considering each spouse’s work and other commitments.
- Considering mediation: Mediation can help both spouses reach amicable agreements by bringing in a mediator who facilitates problem-solving and communication; the procedure can also reduce legal expenses and stress and make divorce proceedings run more smoothly for each party. This process has the added benefit of enabling the couple to keep control of the decision-making related to finances and children, rather than having a judge make these decisions.
- Being willing to compromise: Adopt a mindset of finding solutions that please both spouses instead of attempting to come out on top in every area of the divorce. Remember to think about the long-term advantages of achieving a compromise compared to the cost of pursuing future litigation when discussing spousal maintenance, child custody, property division, and other divorce issues.
- Protecting financial interests: Be transparent with the other party concerning debts and assets, as this creates a helpful foundation for having positive discussions regarding debt and property division. In addition, gather recent bank, retirement account, and securities statements, tax returns, and debt and health insurance information, update the beneficiaries on retirement accounts and insurance policies to reflect the post-divorce circumstances, and consider discussing each party’s financial situation with a financial advisor to develop a savings plan and budget aligning with the spouses’ future goals.
- Understanding the other spouse’s view: Approach the divorce process with an understanding of how the other spouse might be feeling. Divorces are often emotionally taxing on each party, and it can be counter-productive to communicate with the other person in such a manner that is likely to cause conflict, making it more challenging to divorce the spouse amicably.
- Focusing on life post-divorce: Focus less on negative feelings concerning the former spouse and more on developing a positive life post-divorce. Establish new professional and personal goals, and create a plan for achieving these new aims.
Contact a South Carolina Family Law Attorney To Find Out How You May Be Able To Achieve an Amicable Divorce in South Carolina
While some divorces can be emotionally and financially exhausting experiences, this does not have to be the case. Divorcing amicably is achievable through being open, cooperating with one another, and attempting to compromise. Gain a more detailed understanding of how to achieve an amicable divorce, and discuss the particulars of a divorce case by contacting King Law Offices; call (888) 748-KING today to speak to a seasoned South Carolina family law attorney.