The term “amicable divorce” does not mean that a couple remains friends during or after the divorce process. In South Carolina, it simply means that a divorce is uncontested. A contested divorce is a split where couples are not able to come to an agreement on the terms of their divorce. An uncontested divorce means that a couple can agree on almost all items of their separation. While it can take less time and be less stressful, you will still benefit from hiring a divorce attorney. They can help you navigate this complicated process, and end up saving you money and time. If you are interested in pursuing an amicable divorce, it’s important to remember that compromise and focusing on the bigger picture are very important. Hopefully, you and your spouse can navigate this process quickly and painlessly.
Amicable Divorce: What Does it Mean and How to Make the Process Less Stressful
Uncontested Divorce
While many people use the term amicable divorce to simply mean a friendly divorce, it means an uncontested divorce in many areas. If you and your spouse are not able to come to terms with major aspects of your divorce settlement, you will likely have to go to court and have a judge rule on specific items. In contrast, if you file for an uncontested divorce, it means that you agree on all major aspects of your settlement.
Requirements for Uncontested Divorce
There are several requirements for an amicable divorce that vary based on where you live. In many states, you must live separately for at least one year before filing for divorce. In South Carolina, you also must be a resident of the state for at least the last several months. Additionally, you must agree to all major terms of your settlement. This includes things like child support, child custody, division of assets, and support payments like alimony.
Do You Still Need an Attorney?
Even though an uncontested divorce is a much simpler process than a highly contested divorce, you still will need to hire an attorney. An experienced attorney can help you navigate the complicated legal process and can help ensure that all paperwork is filed properly. Additionally, even though you might be seeking an amicable divorce, they can help smooth the process out. Since you are settling many items outside of court, they can also save you money.
Compromise is Key
If you are wanting to pursue an amicable divorce, it’s important to remember that compromise is the key to success. Emotions can run very high when discussing things like child custody and splitting up your assets. However, focusing on the items that you care the most about, and letting the rest go can be helpful. Additionally, trying not to get lost in petty details can also help you keep your focus. The bigger picture is the goal of saving money by making your divorce process as quick and smooth as possible.
An amicable divorce, or uncontested divorce, is typically a smoother process than a divorce that needs to have every item go before a judge. And while you and your ex might be able to collaboratively work together to make the divorce process easier, it doesn’t mean that you will walk away on friendly terms. Instead, it simply means that you are prioritizing getting the process done quickly by compromising on many items. You’ll need to agree on all major terms of your settlement, which can be difficult. Hiring an experienced attorney can be of great assistance. Additionally, keeping your eyes on the prize of having a relatively painless divorce can be very helpful. Hopefully, you’ll be able to agree on major items and move forward with an amicable divorce.