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Amicable Divorce

What is an Amicable Divorce? 5 Ways to Ensure One

When seeking a divorce, many couples do everything within their power to simplify the process. And the simplest solution is an amicable divorce, which may significantly facilitate the overall proceedings.

And yet, it may not be that easy to reach an agreement regarding all your divorce-related issues, especially following a heated breakup. Nevertheless, there are several ways to ensure a peaceful divorce. So without further ado, let’s review the amicable divorce definition and learn ways to divorce amicably.

What Is an Amicable Divorce?

Some couples choose to proceed with an amicable divorce, meaning they both agree to the terms and conditions, including marital property division, spousal support (alimony), child custody and support, visitation, etc. It is much easier to go through a divorce if the spouses manage to avoid litigation and create a divorce settlement agreement.

Amicable divorce has gained popularity because it saves time and money on costly attorneys and allows spouses to save their nerves by avoiding lengthy and exhausting fights.

Several Approaches to an Amicable Divorce

Those couples considering an amicable divorce may look into several options for their divorce, which include:

  • Uncontested Divorce
  • Collaborative Divorce
  • Mediation Divorce
  • Do It Yourself (DIY) Divorce, or
  • Therapist Counseling

Let’s take a closer look at each option.

Uncontested Divorce

An “uncontested divorce” implies that it is handled out of court by the spouses themselves. In this case, they sort out their divorce-related issues amicably and come up with a Marital Settlement Agreement.


For more, read our “What’s the Difference between an Uncontested Divorce and a Contested Divorce?”


Collaborative Divorce

Such a divorce is handled out of court when soon-to-be-ex spouses agree to negotiate while retaining separate counsel. This way, the couple saves time and money and keeps their divorce process fast and straightforward. Being able to reach an agreement without the judge involved shortens the process. In addition, if the spouses decide to hire their own lawyers, they may facilitate communication.

Mediation Divorce

This option implies that the parties resolve their divorce-related issues out of court but with the help of mediation services. A mediator is a neutral third party who assists the couple in their disputes. Unlike lawyers, a mediator’s key challenge is to ensure an open dialogue between the parties to move towards a mutually-beneficial agreement.


To consider what you might be doing (and how to sequence steps), check out our “55 Must-Do’s on your Modern Divorce Checklist.”


Do It Yourself (DIY) Divorce

Sometimes called the Kitchen Table Approach, a DIY Divorce is the cheapest option, as it doesn’t require any expensive legal assistance. In a DIY divorce, spouses agree to all their post-divorce arrangements and proceed with their divorce without attorneys. Considering it may be challenging to handle the whole divorce process without legal assistance, spouses can consider an online divorce that provides some structure to the process and helps facilitate the paperwork and filing stage of their divorce.


Read more here: “How Does An Online Divorce Work? And Should You Get One?”


Therapist Counseling

And last but not least, therapist counseling may be a wise decision for couples who are willing to keep their communication efficient to facilitate an amicable agreement. This option is best if the divorce is preceded by heated arguments and strong emotions. The therapist will be able to cool things down between the spouses and encourage a friendlier divorce.

5 Tips on How to Navigate an Amicable Divorce

The right path to an amicable divorce is to keep things respectful and calm. Almost every divorce starts with finger-pointing; however, it doesn’t have to be this way. To ensure a peaceful divorce, the spouses must clearly understand the benefits of the amicable process, such as: saving time and money, protecting the children from conflicts and toxic co-parenting, avoiding lengthy and exhausting litigations, and promoting better mental health for everybody in the family, etc.

Here are 5 tips on how to have an amicable divorce.

#1. Get qualified assistance if you need one

Once you’ve decided that you want an amicable divorce, it’s essential to ensure you have all the tools you need. For some couples, handling their emotions and feelings can become the biggest challenge when negotiating the terms of their amicable divorce settlement.

Thus, it may be wise to seek qualified assistance for your divorce process to go smoothly, whether it’s consulting with a divorce coach to ensure the healthiest steps are taken and in the right order, hiring a divorce lawyer to provide legal advice, considering mediation services to improve the communication between you and your spouse, or just looking for a therapist.

Sometimes a third party allows the couple to keep things civil. But, all in all, it’s much easier to handle your divorce papers when you can ensure that everything is discussed and settled fairly.

#2. Keep your expectations realistic

The word “amicable” doesn’t necessarily mean an easy divorce. Its complexity is totally up to both spouses. So prepare yourself for it and get ready for what you may face.

Some couples find counseling in a therapist’s office handy for navigating the expectations of their divorce process. In addition, counseling can significantly help the spouses prepare for co-parenting after the divorce. Let the therapist work out your feelings and prepare you for a realistic divorce with all its consequences.

A therapist may also help you avoid getting carried away by old grudges and bottled-up feelings while making arrangements for your divorce settlement agreement. After all, it’s only reasonable that your agreements are just and fair and mutually beneficial. And to achieve this, you have to keep your feelings in check and your mind sound.

#3. Work through the terms of your settlement agreement with respect

In some cases hiring a divorce lawyer to handle your divorce negotiations can be a mistake. Some divorce lawyers are qualified to handle an amicable divorce, whereas others tend to go after confrontational and downright hostile proceedings.


This means you must understand the reputation of the lawyer you hire.  Make sure you ask the lawyers you interview how many cases they settle in a year and how many require their going to court. For more smart questions to ask a divorce attorney, visit our important piece: “Questions to Ask a Divorce Attorney at a Consultation.”


Of course, when you’re negotiating the terms of your settlement agreement, you should keep your interests in mind. However, it doesn’t mean that there is no place for compromise. On the contrary, keeping your relationship civil and respectful and getting along during the negotiation process is much more crucial in the long run.

This is particularly relevant for those spouses with children. No one will benefit from you and your spouse becoming mortal enemies, and what’s more, it may end up being incredibly traumatizing for your kids. It’s best to remember dignity and respect and get qualified assistance if your negotiations get out of hand.

#4. Focus on your child’s needs

Amicable divorce with a child can become rather challenging as it involves lots of arrangements. Child custody, child support, and visitation (parenting time) must be resolved considering the child’s best interest. And spouses looking for a fast and straightforward divorce should be ready to reach an agreement out of court, as child custody issues may prolong the litigation significantly if handled by the court.

The goal of an amicable split is to keep the divorce uncomplicated, even with custody issues. Typically, the spouses need to sit down and discuss paragraph by paragraph which arrangement will work best for their children to provide a healthy and stable environment.


Determining child custody can be the most challenging aspect of the divorce process. It’s important to know the facts in order to take the necessary steps to achieve what’s best for you and your children. Read our “Best Advice on Custody for Divorcing Moms.”


If it seems impossible to agree on some custody issues, the couple may hire mediation services. The mediator will help them keep the negotiations reasonable and mutually beneficial regarding the child’s wellbeing.

#5. Negotiate the terms of your divorce agreement in good faith

Engaging in “good faith negotiations” is the best you and your spouse can do to end the marriage in a good place. A good faith negotiation means that both spouses have nothing to hide and are willing to reveal all relevant financial information.

When you separate from your spouse amicably, it is much easier to be frank about your assets, debts, income, bank accounts, etc., which simplifies the negotiation process. In addition, openness will allow you to tackle all the existing issues such as marital property division, alimony, custody, or anything else without any obstacles along the way

The amicable divorce process is not a myth, yet it’s not the easiest procedure. When an amicable divorce with no assets or kids involved takes place, it may save you an incredible amount of time and money, so long as you’re willing to cooperate. There are no issues that cannot be resolved, whether independently or with the help of a lawyer, mediator, or therapist. An amicable divorce requires effort, but it will be worth it in the end.

Notes

Jamie Kurtz is a divorce lawyer and a member of the LA County Bar Association and the State Bar of California. She’s a co-founder of a law firm dealing with uncontested divorces and a contributing writer for OnlineDivorce.com, an online divorce papers preparation service.

Since 2012, SAS for Women has been entirely dedicated to the unexpected challenges women face while considering a divorce and navigating the divorce experience and its confusion afterward. SAS offers women six FREE months of email coaching, action plans, checklists, and support strategies for you, and your future. Join our tribe and stay connected.

How to Divorce a Nice Guy

How to Divorce a Nice Guy

Divorce may often be a painful and complicated process. When we’re leaving a lousy guy, the choice can be easier. We tend not to doubt what we want when all we want is Out.  But what if we need to divorce a nice guy? 

What if we’re wed to a good man, one who does marriage so much better than all the Horror Story Husbands we hear about?

He’s not a drunk or a cheater. Instead of condescension, infidelity, or abusiveness, he’s kind, loving, and devoted. He hasn’t lost three jobs in one year; he’s stable and good with money. Far from being indifferent to the children or annoyed by them, he adores them and raises them well. He’s fit, handsome and he thinks we’re gorgeous. 

The required fields are checked off. Everything about him tips the scales into the “good egg” box, and you know you never have to worry about him.

But you also know you’re unfulfilled. So, how do you divorce a nice guy?

This is where the concept of divorce becomes so much murkier. You are married to a stand-up guy. Maybe you even still love him as a friend. Perhaps he is your best friend. You trust him, you respect him… you just don’t want to be his wife anymore. 

The attraction, the connection, the pull to him has fled the bedroom. Something is calling you out of the marriage and you can’t continue to rationalize it away. But you can’t bring the ax of divorce down on your vows, either.

The Gamble of Marital Security vs. Personal Fulfillment

This inner conflict is normal and far more common than we realize. It’s also trickier to get out of because there’s no bad guy to rally against. But some women who take this gamble become the bad guy. They become the brunt of criticism by friends and family, particularly those who are highly pro-marriage.

People ask them why they’re throwing their marriage away. These people might strongly suggest therapy, or they might tell the “Bad Guy” woman she’s being fickle or selfish. According to this “conventional” view, staying married is the ultimate goal. For them, happiness can be sacrificed. And it takes an authentic, courageous woman to leave a perfectly good marriage and a perfectly good man.

It takes knowing ourselves well, and it requires the understanding that our soul’s most foundational nourishment lies within us. Perhaps it means deciding what we want, not what we think we should want.

How History Has Affected Divorce

It also helps to recognize that many of the practical reasons for sticking with a passionless marriage no longer exist. Few options existed for women in the past. In the early 1900s, American women were still legally designated as property. By the 1950s, the Betty Crocker generation still tended hearth, home, and children almost exclusively, with only a small percentage of women working outside the family dwelling.

That is not the case anymore. Relatively speaking, there are fewer barriers between American women and their careers. These careers often bring them excitement, social identity, and value beyond the picket fence, as well as the ability to make their own money–and plenty of it, in many cases.

That means that if they are unhappy in their marriage, they are not financially stuck in it. They can divorce even when their husband is otherwise a “nice” and financially supportive guy.

Women now do not have to settle for a good provider who can keep a roof over their head simply because he’s willing and able to do that. They have the power to leverage themselves out. They may feel awful about divorcing that really nice guy, but feeling guilty about something doesn’t mean we are actually at fault. 

Comparison Kills: Her Story is Not Your Story

“Women confide in me all the time that once they start researching divorce and hearing others’ horror stories about being abused, or mistreated, or how they’ve endured years living with a ‘narcissist,’ women in less dramatic situations feel their power dwindle and their guilt mount. How can they divorce a nice guy? Shouldn’t they just suck it up?” said divorce coach and SAS founder Liza Caldwell.

Guilt-stricken women describe their situation as platonic. They like their husbands but just aren’t sexually compatible with them. Instead of a union, the marriage feels like living with a roommate. And, in the midst of all this stifled uncertainty, guilt, and dissatisfaction, women may become passive-aggressive with their very nice guys. By staying in the marriage because they feel they should, they run the risk of becoming not-so-nice themselves. And in doing so, render an emotional disservice to their mate. This is how many come to divorce the typical “nice guy” husband.

Yearning for a Balanced Marriage

In some cases, women even feel sorry for their husbands. Perhaps he doesn’t make as much money as she does, or he is more in love with her than she is with him. 

Women can often empathize… almost to their detriment.  Pity is not love, and it is even less an aphrodisiac. A sense of emotional obligation is a strong tether to break, though.

“The ability of a woman to empathize with others, to stay in that place of constant caregiving to others, can be the death of her individual progress,” said Caldwell. “And while a part of her might be okay with sacrificing herself, what she doesn’t see is that she’s not showing up whole for the ones she is caregiving for.”

Women feel guilty, not justified, undeserving to act in any way that prioritizes their own needs or well-being. If they are mothers, I will often ask them: if their children were in this same situation, what would they tell their kids to do?”

“Then, women have absolute clarity,” she said. “They say, ‘I’d tell my daughter she deserves to be happy.’ So then, it’s really a question of us honoring ourselves, and valuing ourselves and our own lives as dearly as we tell our daughters and sons to do.” 

Leaving Your Best Friend

My partner of 13 years was a very good friend and an amazing man in many ways. He was intelligent, deep, forward-thinking, well-employed, good with money, MacGyver-smart about fixing things, honorable, very funny, talented, athletic, attractive, great in bed, and the best listener I’ve ever met. By all standards, I divorced a nice guy.

I know. Most of you are probably wondering if you can get his number.

Of course, he had his faults. He could be a U.S. Grade A Prime *%#hole. But overall? My Ex was a very good guy whom I loved.

Regret

A mate may fit well with one phase of our personal growth but not another. I don’t regret the decision to end our partnership, but I do regret some of my decisions leading up to it. By the time I made the choice to leave, it was the best one and has put a high dive under my self-development. But there were times before that–critically important choice points–where I could have made more effort. I could have been much more self-examining, more fearlessly committed to my own evolution. This could have made our commitment to each other stronger, our partnership richer. We also might have come to the same end result, but now I will never know. 

And having done some good Man Training for his new wife was, for a while, cold comfort.

It’s important to make sure we know what is really driving the choice to leave a good man. We need to honestly evaluate if we are the source of our own unhappiness. What are our real Primary Motivators, our true Deal Breakers? If our ego’s neediness is pushing this decision, it’s more likely we may regret the decision later. Refusing to deal with ourselves first, before looking at our husband’s effect on us, is a mistake. If we don’t confront the ways that we make ourselves unhappy, they will come back to bite us down the road.

How many women are blasé about their marriage and cope with it by stepping out and having an affair?  Is that fair to your Nice Guy? Does staying in a marriage and being unhappy, passive-aggressive or a grudge-holder serve your Nice Guy?  If you are not fully in the marriage and he is, is that fair? Does he deserve it? Or does he deserve the chance to meet someone who will meet him fully and lovingly, as he deserves to be loved? For many, the answers to these questions tell them that it’s time to divorce their nice-guy husband.

What about what you are modeling to your children?  How can you advise them to follow their own authentic selves and seek happiness compassionately with the world if you are not living that, too?

No one outside ourselves can “make us” happy, at least not for long. Lasting happiness only comes from within, and only from being fully and authentically present with ourselves. 

“Forever Love” or an Ever-Evolving Love?

Modern marriage takes a lot more flexibility than the original “institution” it was built for. People are beginning to shift the idea of marriage into one that allows for renegotiation. We are recreating it with a sense of dynamic yet committed impermanence. Instead of thinking in terms of “forever,” we are thinking in terms of ever-evolving.

This is what we are seeing develop from a mixed bath of infidelity numbers, the Living Apart Together trend, ethical non-monogamy, or not marrying at all but still engaging in loving, monogamous companionship.

We are pioneering a new marriage paradigm and recognizing that even “nice” and “good” may not last. What and who works now may not work later if each spouse is not growing into their potential and fully authenticated selves. And hopefully, we are learning to allow for that and accept it with grace.

Notes

Jennifer Bent is a freelance writer, former print journalist, and feature writer living on the West Coast. Nicknamed Verbose at a young age, she loves wordcraft but has to keep a short leash on her fondness for the profane. Jennifer enjoys compelling content and the liberty to write about interesting contributors and innovative ideas. Connect with Jennifer at verbosej@hotmail.com.

Since 2012, SAS for Women has helped women face unexpected challenges that arise while considering, navigating, and rebuilding after divorce. SAS offers women six FREE months of email coaching, action plans, checklists, and support strategies for you, and your future. Join our tribe and stay connected.

Tips for Amicable Divorce

Top 6 Tips for an Amicable Divorce

In the minds of many people, divorce and court trials are inseparable like smoke and fire. A few decades ago, this was the case. Fortunately, there are other options nowadays, namely an amicable divorce, where married couples don’t have to wage war against each other in court.

After the adoption of the no-fault divorce law in 1970, the divorce rate skyrocketed. A 2019 University of Virginia research report revealed approximately 3 divorces per 1,000 married women in the 1960s. In the 70s, this figure rose to 4.5, and 5.5 in the 80s.

These results suggest that divorce was increasingly viewed as a viable option for women; they were feeling more empowered, making more money, and feeling like they had more choices.  In the latter scenario, these divorces can likely be uncontested or amicable.

What is an amicable divorce?

An amicable divorce is not about being best friends with your (soon-to-be) Ex and liking each other. You wouldn’t consider divorce in the first place if your relationship was a loving one.

In the context of ending your marriage, “amicable” means “civilized.” It’s about resolving disputes in a nurturing and productive environment.

A peaceful divorce is actually not that hard to get to if both sides are willing to make an effort. You’ve probably heard of Conscious Uncoupling, for example, or divorce mediation, or Pro Se (DIY) divorces. To learn if one of these alternative processes is right for you, consider these six key steps to ensure a smooth and amicable process–and don’t forget to ask yourself: are you and your spouse capable of them?

1. Have an open mind for negotiation

Honesty and openness are the foundation of a successful negotiation. If one of the parties starts hiding valuable information, assets, income, etc., it’s not going to work. Agree from the very beginning to be truthful about all the aspects of your divorce. Otherwise, all your efforts will be pointless.

SAS note to women: It’s one thing to say you both will be honest, it’s another to know that you both will be. If your spouse has a record of deceiving, betraying or hiding things from you, go for a more traditional approach to divorce. Hire a lawyer who is a good negotiator on your behalf.

Naturally, in any divorce, neither of you will get precisely what you desire. Don’t expect your spouse to agree with everything you suggest just because you think it’s reasonable. Sometimes their point of view may differ from yours, and you’ll have to accept that.

During negotiations, the most vital thing is to stay focused on the key points that hold the most significant interest to both of you. How much money would you need to meet your needs after divorce adequately? Could your spouse (or you) afford to pay alimony (spousal support) and child support? You and your partner need to carefully approach all the details together and make a joint decision. That’s the essence of peaceful negotiations, right?

2. Focus on the desirable result.

Can you remember why you got married in the first place? You were in love and full of hope to walk hand in hand through life until death separates you. Unfortunately, not all of us can reach that distant goal.

Nothing has changed since then except that your goals are now different. Have you already determined what you really want from this divorce? If not, it’s high time to start figuring it out. But if you know where you’re heading, don’t let negative emotions lead you astray.

An amicable divorce is all about attitude. Reduce the tension to a minimum, and keep your eyes on your goal.

Take time to ponder over your life post-divorce. Do you see your Ex in it? After an amicable divorce, many couples remain friends and even sometimes spend time with their children as a family unit. You must agree that such a scenario is more pleasant than fighting endlessly over all sorts of things.

Act based on what is paramount to you and ignore everything else. Work through any disputes peacefully and make sure your communication is positive.

3. Treat each other with respect.

An uncontested divorce is only possible with mutual respect and politeness. Both you and your spouse are adults and can behave accordingly. It’s not as challenging as you might expect.

Start with getting into a positive state of mind and remain focused on keeping calm. Also, listen attentively to your spouse and contemplate their suggestions. Don’t let your emotions take over.

Whenever you feel like losing it to anger, take a deep breath and pause before saying or doing anything. Consider the consequences in the long run–will your current action improve the situation in any way? If not, give it up. Neither you nor your spouse will win if you keep insulting each other instead of resolving disputes.

Show civilized behavior. Don’t badmouth your partner in front of your children and relatives. And especially, don’t gossip about them on social media. You’ll only entertain the public and receive even more negative feelings back. Such actions also won’t help you to maintain an amicable divorce.

4. Think about your children’s needs.

Divorce affects everyone in your family, and especially children. They are very sensitive to any changes in mood and attitude between their parents. Remember yourself in childhood and what acute sensations of the surrounding world you had.

Now imagine how terrifying it is for a child to go through a family breakup. You don’t want to aggravate the situation even more by fighting with the other parent, do you? On the contrary, you want to protect your children and make them feel loved by both you and your ex.

Learn to trust yourself to be a good parent. The same goes for your partner. It’s time to loosen your grip and stop controlling everything and everyone around. Every good parent brings up their children with a position of love and a wish to make their lives happy. You will never be able to communicate well with your ex if you do not trust them with raising children.

And since we have touched on the issue of healthy communication, children need to see their parents find common ground and behave in a civilized manner whenever they meet. It can make a huge difference in a child’s emotional health.

5. Get an educational consultation with an attorney: don’t rush to hire one.

You cannot become your own divorce lawyer fast enough, despite what Google makes you believe. If you are thinking about divorce, and especially if you have children, assets, and/or debt, we encourage you to draw up your questions and consult with an attorney to hear what the law says about your circumstances. Do this before you commit to “how” you will divorce, or even, “if” you will divorce.

After you are informed about the law, you can decide if you will pursue DIY divorce, mediation, an online divorce, or a more traditional approach of you hiring an attorney and your spouse doing likewise.

Consulting with an attorney does not mean you are necessarily getting divorced. It also does not mean you are seeking to be adversarial or un-“amicable.” It means you as a woman are getting educated on your rights and what you are entitled to before you act.

It’s good practice to consult with other experts, too. For example, you may want to keep the house but need to learn if it’s really in your best financial interest. Consult with a financial advisor to learn the optimal longterm play for you (and don’t rely on an attorney for this.) You might consult with a parenting expert if you have concerns on what the best custody arrangement will be or how to support your kids through the divorce. Throughout the process, you might recognize that you are feeling overwhelmed and need to get strategic and healthy in your approach to all things “divorce”, in which case your best move is to schedule a free consult with a divorce coach.

The Legal Takeaway

Keep in mind that in divorce, you won’t always get what you want. The ability to find compromises is what makes a divorce amicable. On the bright side, you will be able to control the outcome by at least 50%. If you go to court, you will have to surrender to the will of the judge.

Do you trust absolute strangers to decide your fate, or do you prefer to do it yourself? Get informed, double check information, and choose wisely. It’s you and your children who will have to live with the consequences, not the lawyers and judges.

6. Forgive and forget.

You probably think, “How can I forget all those times when I was wronged during my marriage? And why should I? Now, I want justice.” Well, guess what? Such an attitude will bring you nothing but more suffering.

There are no winners in divorce. And you won’t feel any better if you keep blaming your marriage breakdown on your partner. Be wiser than that. Does a butterfly think about the time it was a caterpillar? No, it spreads its wings and flies. So, instead of focusing on your past and arguing over it, choose to take action to help yourself recover and move forward. 

Learn how to help yourself grieve the losses you experience, choose to live in the present, and plan for the upcoming future.

Is it worth the try?

An amicable divorce is a conscious choice. It can’t be involuntary, and it doesn’t work for everybody. You have to decide for yourself what type of separation you want and stick to it. Just keep in mind that no matter what method you choose, going down the hateful path only brings more negative feelings into your life. There is always a way to go about any situation productively. You can choose less stress and fewer expenses with a more positive experience by opting for an amicable process.

Jamie Kurtz is a divorce attorney and a member of the State Bar of California. She’s a co-founder of a law company helping people with uncontested divorces and a contributing writer for OnlineDivorce.com, a web-based service for divorce papers preparation.

Since 2012, SAS for Women is entirely dedicated to the unexpected challenges women face while considering a divorce and navigating the divorce experience and its confusing afterward. SAS offers women six FREE months of email coaching, action plans, checklists and support strategies for you, and your future. Join our tribe and stay connected.