Family Law, Criminal Defense & Immigration Attorneys

How to Get an Amicable Divorce - Your Guide

For many prospective divorcees, the idea of a long-drawn-out battle in the court system is unappealing. Resolving your differences with your spouse and pursuing a less combative path forward can help you save time, money, and stress throughout the divorce process - and knowing how to effectively minimize conflict during the divorce process is half the battle.

At Smith Law Offices, LLC, we'll help you pursue the best path forward in your divorce. To schedule a consultation with our team or learn more about how we can help with your family law case, contact us online or via phone at (636) 400-1177.

Identify a Method of ADR That Works for You

If you and your spouse have disagreements over how you want to move forward with the divorce, you'll want to try and use a form of alternative dispute resolution (ADR) to resolve those differences so that you can file for an uncontested divorce.

You have a few options:

  • Mediation. During mediation, a certified mediator - who cannot give legal advice to either party - acts as a liaison and attempts to help the parties understand each other's positions. Mediation can be great if you know what you want from the divorce and can expect your spouse to work with you amicably.
  • Collaborative law. When parties use collaborative law, they - along with their legal counsel - negotiate terms for their divorce over a series of meetings. Collaborative law can feel a bit more protected than mediation, and may be a good idea if your relationship with your spouse is slightly rocky.
  • Arbitration. If you wish, you and your spouse can engage in arbitration. This typically means finding an arbitrator you both like. That arbitrator can then resolve your case much like a judge, determining how you should move forward with your divorce. However, an arbitrator's judgment may not be legally binding, and the process takes place outside of court.

Depending on the circumstances of your divorce, one form of ADR may suit you more than another. Work with your attorney to see what they recommend and identify the best path forward in your divorce.

Consider the Benefits of Separation

One of the hardest parts of an amicable divorce is ensuring that both parties feel their boundaries are respected. To that end, separating can be a great tool.

When parties live apart from each other during the divorce process, it helps minimize conflict. Additionally, it gives both parties more time to think about what's really important to them - what they want most from the divorce.

If you know you want an uncontested divorce but find your current home environment is rather combative or high-tension, separating from your spouse could help you move toward a better outcome in your case.

Keep Your Focus on the Long-Term

Last but certainly not least, you want to ensure you're focusing on the long-term when you think about your divorce.

It's easy to get caught up on how you feel your spouse may have wronged you or the emotional attachment you may have to certain assets or liabilities in your divorce. However, in five or ten years, will you really care so much about who got that couch or who ended up with that watch? Maybe not so much.

Keeping an eye on the long-term outcome of your divorce can help you maintain a more pragmatic approach to the divorce process, in turn helping you facilitate a more amicable environment for the process overall.

At Smith Law Offices, LLC, our team is here to help ensure you get the best outcome in your divorce. To schedule a consultation with our team, contact us online or via phone at (636) 400-1177.

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