Is There Really Such a Thing as Amicable Divorce? By Melissa Gordon At Isnare.com Ezine Articles

Because a wedding is seen as the ultimate expression of two people’s love for one another, it would be easy to think that conversely a divorce would be the opposite – a lasting monument to the antipathy built up over the course of a marriage. However, it is a fact that many divorces in this day and age are amicable arrangements between two grown adults who accept that things just have not worked out between them and, with a tinge of regret, go their separate ways. This happens, especially as the changes in society over the years have seen divorce becoming far less stigmatized, and thus divorce itself is not reserved for the couples who have grown to hate one another.

An amicable divorce can take many different shapes, but one central tenet of this type is that the agreement will take the form of a “no fault divorce”. The accepted implication is that both parties in the relationship have come to the conclusion that they are not suited to living together for the rest of their lives, and would both be better served by a quick, clean separation. However, even in many “no fault” cases there are still issues of property to be resolved. A couple separating amicably may both have part ownership of the house in which they live. How this will be split – and indeed what will happen to the house – is one subject that can require the input of lawyers to a no-fault divorce case.

The reasons for a couple separating in a no-fault divorce are, as the name suggests, typically arrived at without rancor or blame. Grounds given in the official records range from incompatibility to irretrievable breakdown, and also include irreconcilable differences. A no-fault divorce will often happen when a couple marry after a short engagement, and realize over time that they are too fundamentally different to ever benefit from the marriage as one would expect. Ironically, it is the marriages that last longer, the real “love matches”, that tend to end (if they must end at all) in the angriest divorces, as these are the cases where both parties have invested a lot of themselves in the marriage, and their hopes have been commensurately high.

If a marriage has been active for long enough for a couple to have had children and accumulated a lot of co-owned property, then if the couple choose to divorce they may come to an uncontested divorce. It is believed that 95% of divorces in the United States are uncontested. This happens where both parties come to an agreement – by themselves or with the aid of lawyers or mediators – on how assets will be divided, and what will be done where children are concerned. This kind of divorce makes sense for both parties, as it negates the need to spend lots of time and money going over old ground in a courtroom. It is also an example of where lawyers can put their minds to work looking for a consensus rather than a way to expose the other party.

Disclaimer: This article is for informational and entertainment purposes only, and should not be construed as legal advice on any subject matter.

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