AMICABLE DIVORCE

For most people, the decision to divorce is not something to be taken lightly. Perhaps you know it is time to separate, but you want to make the divorce process as painless as possible. You may have heard the term “Amicable Divorce,” but what is it exactly and why does it matter? We’ve answered some of the most frequently asked questions below.

What is an Amicable Divorce?

People often think Amicable Divorce simply means an uncontested divorce where the parties agree on everything. But in Georgia, we have a process called the amicable divorce process. This process was designed to be more efficient and less expensive than a traditional divorce. The couples still have disagreements and need the help of an attorney to give them advice and help them negotiate.

Like Collaborative Divorce, the Amicable Divorce process helps couples resolve their separation outside the courtroom. Amicable Divorce utilizes other tools in the Alternative Dispute Resolution toolbox, such as mediation or arbitration.

How Can One Divorce “Amicably”?

What we mean by using the term “amicable” is that both parties are reasonable people who want to negotiate a fair settlement and move on without the drama of litigation.

So, a divorce can be amicable if both parties are willing to work together to resolve their differences. This means being willing to communicate and compromise on issues such as child custody, property division, and financial support. It is also important to have realistic expectations and be prepared to let go of some things to reach an agreement. If both parties are committed to the process, it is possible to reach a resolution that works for everyone involved.

Why Would Someone Want to Get an Amicable Divorce?

There are three big benefits to using the amicable divorce process: Lower cost, less time, and less stress.

An amicable divorce costs less because the process is streamlined and more efficient than a traditional divorce.

The parties are in complete control of the timeline instead of being on the court’s timeline. Sometimes this means fast tracking the process and other times this might mean the parties want to purposely take their time.

And finally, amicable divorce is a lower stress option. The traditional divorce process through the courts is extremely high because it’s adversarial in nature, it’s expensive, and it is inefficient. All of this takes a toll on the mental health of both parties. Keeping the case low conflict and less expensive keeps the stress level down for everyone.

When is Amicable Divorce Not Right?

Amicable divorce is an excellent choice for most divorcing couples. However, there are a few situations where it won’t work.

The first is if your spouse won’t agree to it. Both spouses must agree to use this process for the parties to be able to engage in the process.

It’s also not right for someone who has an emergency such as needing a family violence protective order, or they’re worried that the other spouse is going to flee the country with the kids. Those are situations where you need to get emergency relief from the court and amicable divorce is not the best process.

Also, this process may not be right if you suspect your spouse is hiding significant amounts of money, and you want to take the time and money to aggressively dig into the finances. That is not available through the amicable divorce process. In that case you will want to go through the formal discovery process in litigation. We do use financial experts as part of the divorce, but both parties must cooperate with turning over documents. So, if one party refuses to cooperate, then an amicable divorce won’t work.

Can You Help Me Decide What Type of Divorce is Right for Me?

In our free discovery call, we will gather background information about your situation to determine if amicable divorce is a good option for you. And then if you wish to pursue this route, we will either give you information directly for you to talk about it with your spouse, or we can contact your spouse directly to see if they will agree to the process.

How Do I Get an Amicable Divorce in Georgia?

To get an amicable divorce in Georgia, you hire a family law attorney who is part of the amicable divorce network. Then you or your attorney have a conversation with your spouse to see if they will agree to also hire an amicable divorce network attorney.

 

Do I Need a Divorce Lawyer?

Both parties do have their own attorney and the attorneys play an important role. At the beginning of the case the attorneys will identify our clients’ goals, which we will work towards during negotiations. The next step is making sure that all essential information (usually financial) is exchanged before settlement discussions begin.

Then your attorney will determine if any experts are needed. Sometimes we need a financial expert or a mental health professional. We give legal advice to our clients regarding the best settlement terms based on their goals and we engage in negotiations to reach a settlement for our clients.

How Much Does It Cost?

The cost varies based on complexity, just like with litigation. A family with high assets requiring property appraisals or valuations of numerous assets are going to spend more than a family with straightforward assets. The same is true if there are complicated custody issues. However, the cost will almost always be significantly less than the traditional approach.

How Long Does It Take?

The timeline is in the hands of the divorcing parties. On average it takes about three months, but some parties may wish to fast track their divorce.

Some of it depends on the availability of the attorneys and experts involved. But it could be possible to have a settlement within a month. However, other couples might want to take longer for their settlement.

For example, we’ve had situations where one of the parties needs to go to rehab, and we don’t want to negotiate a parenting plan until that’s happened. In other cases, we may have a business that’s being sold, and we need to wait for the business sale to enter into a final agreement.

So, it’s up to the parties and the situation. It can be much quicker than a traditional divorce if that’s a priority for your family.

How Do I Get Started?

First, schedule a free 30-minute discovery call. In this discovery call we can decide if we want to work together. The next step is we will put together a customized case strategy and create our divorce roadmap. This includes setting up sessions with your divorce coach, planning out your toolbox, and letting you know what to expect. So, fill out our intake form or call us at 770-217-0798 to get your free consultation today!