Is There Such a Thing as an Amicable Divorce?

For most couples, an “amicable divorce” is something of a mythical concept. The words “amicable” and “divorce” seem completely at odds with each other, and the phrase itself might sound like an oxymoron. After all, divorces are inescapably based around conflict. For a divorce to occur, some kind of dispute or disagreement must have taken place. Even spouses who go their separate ways on friendly terms no longer want to be with each other. Walking away from a marriage is inherently an act of rejection rather than an act of happiness or joviality. Does an amicable divorce actually exist?

Some spouses might argue that it is possible to walk away from a marriage on friendly terms, despite the inherent conflict associated with a divorce. Others may think that this is an impossible goal. At the end of the day, the way you end your marriage depends on your unique circumstances. Couples who end their relationship with relatively few disagreements may be able to pursue various legal options that minimize disputes. This is as close to an “amicable divorce” as you’re going to get, and it comes with many notable benefits.

In order to explore these legal options, you will need to get in touch with an experienced divorce attorney in North Carolina. Our legal professionals can assess your unique situation and determine the best course of action after a consultation. If you and your spouse have relatively few disagreements, we may be able to help you resolve your divorce without going to trial. This can be a cheaper, easier, and less stressful option for many reasons.

An amicable divorce involves two main factors — it involves the emotional state of the spouses and the legal aspects of the divorce. From an emotional standpoint, an amicable divorce is pretty self-explanatory. The spouses walk away from their marriage with no ill-will toward each other. Perhaps they both accept that the marriage simply is not going to work, and there was no real catalyst that caused the breakup. Instead of cheating or substance abuse, the divorce may have been caused simply by spouses drifting apart over time. Many spouses who go through amicable divorces remain friends after the relationship ends.

From a legal standpoint, an amicable divorce involves very legal disagreements on how the marriage should end. In many divorces, spouses may disagree on how things like child support, child custody, property division, and alimony are handled. In an amicable divorce, spouses disagree on very few of these areas. For example, both spouses might agree that shared custody is the best option. They may also agree that selling the family home and splitting the proceeds will serve everyone’s interests. These spouses may also agree on a specific sum when it comes to child support or alimony – or they may agree that these payments are unnecessary.

If both spouses agree on these legal matters, there is really no point in going to court. A trial can be costly, time-consuming, and needlessly stressful. In addition, trials are highly combative in nature, and they tend to pit spouses against each other in a competitive fashion – even if both spouses are approaching the process in an amicable way. Trials can even turn amicable spouses into bitter enemies by the time they are finished.

The best way to handle an amicable divorce is to avoid the trial process altogether. You can do this by pursuing a collaborative divorce. This option allows you to avoid going to court, and both spouses can simply draft a separation agreement that contains all the conditions of their divorce. If spouses have already agreed upon the major decisions ahead of time, drafting this agreement can be extremely quick and easy.

If you have been searching for a qualified family law attorney in North Carolina, look no further than Arnold & Smith, PLLC. Over the years, we have assisted numerous spouses who want to pursue amicable divorces. Although this goal may seem unrealistic at first, there are many legal options that you can pursue to help you achieve it. Collaborative divorce is a clear and obvious choice that comes with many benefits. We have considerable experience with this area, and we can guide you toward a positive resolution. Book your consultation today, and you can learn more about how a collaborative divorce might be the best option for your specific situation.