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Couples seeking an amicable or uncontested divorce may think the process is straightforward and simple. It’s easy to believe that if both parties are in agreement on the terms and property division of the divorce, you don’t need to consult a lawyer. This is not true. We'll go over what exactly an amicable divorce is and why you may need a good divorce attorney when pursuing one.
What is an Amicable Divorce?
An amicable divorce, also referred to as an uncontested divorce, means that both parties concur that the marriage is over, agree on many or all aspects of settling, and can act decently toward each other during the process.
More than that, here are the five key components of an amicable divorce:
- The couple has decided to divorce without blame. No matter the cause of the split, they’ve agreed not to blame the other person at this point.
- The parties have kept their focus on the big picture. Divorce can cause people to dwell on small, insignificant details. A big part of an amicable divorce is choosing to focus on the things that truly matter, like the health and happiness of their children, as well as their own wellbeing.
- The parties have chosen to negotiate the terms of their divorce in good faith, meaning that all financial information is on the table so that a fair agreement can be reached.
- The couple has decided to put the needs of their children first (if applicable). This includes creating a parenting plan/custody agreement everyone is comfortable with and being good co-parents once the divorce is finalized.
- The parties have decided to work through the settlement agreement with mutual respect. Remember that this is not about fighting each other or hurting the other person, but about separating as peacefully as possible.
Do You Need an Attorney for an Amicable Divorce?
Many couples think an amicable divorce means they do not need to seek legal advice, and some even equate amicable with DIY. We do not recommend divorcing, even amicably, without an attorney. And while trying to file everything yourself will save you time and money now, you’ll end up paying much more later when you need to correct an aspect of your agreement.
It’s important to know it’s not always necessary to go to court during an amicable divorce, nor does each party need to hire their own attorney. Many times, one lawyer can serve as mediator and/or counsel for both parties.
Attorneys have intimate knowledge of family law and can help you navigate the divorce proceedings, good faith negotiations, and when forming custody and alimony agreements. Above all, an attorney will ensure all paperwork is completed and filed properly. This is of utmost importance since incorrect paperwork has the most potential to cause problems in the future. Never make guesses or assumptions with your divorce paperwork, let an attorney look over it to make sure you’ve completed everything correctly.
Consult with Our Raleigh Attorneys For Assistance With Amicable Divorce
No one wants to have a difficult divorce. Let our attorneys give you peace of mind and provide mediation and guidance during this difficult time. At Doyle Law Group, we focus on separation and divorce, alimony, property division, and custody. For more information about these services and how we can help with an amicable divorce, please contact our Raleigh divorce law firm by calling (919) 301-8843 or completing the online contact form below.