What is the difference between an uncontested divorce in Chicago and an amicable divorce? An amicable divorce is one in which the parties are willing and able to negotiate regarding the major issues in their divorce. The parties in an amicable divorce do not begin with an agreement on every term of their divorce. An uncontested divorce is a divorce in which the parties agree on all terms, thereby avoiding a trial or even any substantive negotiations. Amicable and uncontested divorces are not the byproduct of a specific legal process.
Uncontested divorces tend to be less stressful and move along quickly. In comparison, amicable
divorces require some negotiation that uncontested divorces do not; both amicable and uncontested divorces typically proceed at a quicker rate than litigated divorces.
Amicable and uncontested divorces tend to be less financially and emotionally costly. With fewer disputed issues, fewer court filings, and ultimately fewer trips to court, amicable and uncontested divorces typically result in lower attorneys’ fees. This, combined with a lack of spousal fighting, tends to reduce the emotional toll of divorce. Uncontested divorces are also especially appealing to couples who hope to shield their children from the tensions and conflict of a litigated divorce.
How to Have an Amicable Divorce
The process of divorce does not always have to be contentious. There are several steps that couples can take to have an amicable divorce.
- Choose to enter the divorce process without blame. By focusing on the past and the issues that arose over the course of the marriage, it can be difficult to move forward. No matter what factors led to the end of the marriage, placing the blame on your spouse can greatly reduce the likelihood of an amicable divorce.
- Do not focus on insignificant details. It is important to look at the big picture rather than small issues that really do not matter much in the long run. Getting wrapped up in every insignificant detail can drag the divorce process on for months, so picking your battles is crucial for a more peaceful process.
- Negotiate in good faith. To have an amicable divorce, it is essential that you negotiate the terms of the divorce in good faith. For this to happen, both parties must provide accurate information to the best of their ability and disclose all relevant financial information. Essentially, each spouse must “put all their cards on the table.”
- Put the needs of the children first. For couples with children, the needs of the children should be paramount. Divorce mediation can help ensure good co-parenting.
- Work through the process in a mutually respectful environment. Once again, opting for mediation can ensure that discussions do not get heated.
- Consider the Collaborative Law Process, also referred to as a Collaborative Divorce Process, to resolve all issues in your divorce. In a Collaborative Law Process or a Collaborative Divorce Process, the parties explore their respective needs and interests, and the children’s needs and interests with the help of collaboratively trained professionals.
Contact Conniff & Keleher to Set Up a Consultation
Now that you know how to have an amicable divorce, you may be looking for the assistance of a skilled family law attorney who can help you and your spouse achieve the best possible outcome. If an uncontested divorce in Chicago, an amicable divorce, or a Collaborative Law Divorce are options for you, reach out to us today, and we can set up a consultation.