What Is Amicable Divorce?

Amicable divorce is a type of civil divorce where both spouses agree to the conditions and terms of property division, child and spousal support, custody, and visitation. In other words, an amicable divorce is a peaceful divorce or uncontested divorce.

How to File for Amicable Divorce?

1. Select the appropriate court.
2. Download and print the uncontested divorce petition papers
3. Complete the petition
4. Make 3 copies, sign, and date all copies in front of a notary
5. File one copy with the appropriate court
6. Serve one copy to your spouse through intermediary such as professional process server or county constable, pay filing, fee and wait 30-90 days
7. Prepare divorce settlement agreement
8. Prepare divorce decree, sign it and have your spouse sign it in front of a notary
9. File proposed order and divorce settlement agreement with the county clerk after statutory waiting period expires

Or, you can hire a Divorce Mediator to do all the leg work for you. Check out our Amicable Divorce Checklist.

How to Divorce Amicably

• Step 1: Decide to divorce without blame
• Step 2: Focus on what’s important
• Step 3: Don’t hide anything whether assets or liabilities
• Step 4: Place the needs of your children first, your own needs second
• Step 5: Work through the divorce with mutual respect, without involving attorneys and out of court, or even with attorneys, but keeping things level headed and out of court.

Learn more about How to Divorce Amicably

How to Have an Amicable Divorce with Children

If you have children, you can still file for amicable divorce. The amicable divorce process with children is only a little more complex. Children add issues to divorce in terms of child support, custody terms, and parenting responsibility. Having children that are minors may impact the way the cars, family home, and other assets become divided. This can create opportunities for parties to disagree or for spouses to be too far apart on issues to reach an agreement. A divorce mediator or collaborative divorce attorney can provide objective insight into possible solutions that would work best for children and spouses.

Parental issues involving minor children and divorce include:

• Child Custody: Which spouse will have physical custody of the child(ren)?
• Living Arrangements: What location will the child(ren) live?
• Visitation Rights: How often will a non-custodial parent be able to see their child(ren)?
• Child Support: How much will a non-custodial parent have to pay to the primary caregiver?

Amicable Divorce Advantages

The biggest advantages of amicable divorce are fast speed and low cost. Since both parties agree to the divorce, the process happens more quickly and cost less since you need fewer services from a lawyer.

• Fast Divorce
• Low Cost Divorce
• Easier on Children
• Better Relationship with Spouse After Divorce
• Faster resolution, means your single again sooner and on with your new life.

How Much Does Amicable Divorce Cost?

On average amicable divorce costs about $7,500 per spouse. Costs ranged from $5,000 to $10,000 per spouse for the US in 2019. This estimate includes hiring a divorce mediator or collaborative divorce attorney. Most attorneys charge anywhere from $300 to $700 an hour for their time.

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