Amicable Divorce in California | Things to Know

The end of a marriage is usually a problematic stage in the life of every family. For years you were legal spouses, and now you are strangers to each other. With divorce comes the collapse of plans and the undermining of trust in the person that has been closest to you. Divorce is often the result of betrayal and treason making it an incredibly difficult test of self-confidence.

Often, the stress, negative emotions, and anxiety caused by the breakup and uncertainty about the future are compounded by financial problems. Among other issues, there may be a joint business or capital acquired by one or both spouses that the former spouses cannot agree on amicably dividing. Property division in California is based on the concept of community property and has its complications.

In such situations, the financially weaker side is faced with the problem of proving that a property is a jointly acquired property, which the other ex-spouse, as a rule, does not want to divide voluntarily. The legal battle that ensues can lead to a sizable amount of money being spent for the services of lawyers in the process of the marriage dissolution.

Contrary to popular belief, divorce does not have to be akin to a natural disaster for a family. There are peaceful ways to resolve difficult issues and experience an amicable divorce.

What is an amicable Divorce?

In order to save time and money, avoid unnecessary negative emotions, and maintain dignity in a relationship, spouses need to have an agreement in place before filing for the dissolution of marriage with the court.

An amicable divorce is when both spouses agree on all aspects of the divorce. The word “amicable” does not imply that ex-spouses must stay friends when the divorce process is completed. It only means that they peacefully come to mutual decisions.

To get an amicable divorce, both parties should agree on all the key issues including:

• Division of property, assets, and debts
• Child custody and visitation
• Spousal and child support
• Who will pay the court fees and other related expenses

Spouses are more likely to come to a joint decision on these issues at a negotiating table in a relaxed atmosphere. Though a compromise on all issues probably will not happen in one meeting, such cooperation and communication will make the divorce procedure more comfortable for all parties.

Amicable divorce means resolving issues through negotiation, not a lawsuit. Therefore, spouses should moderate their emotions and focus on applying a diplomatic approach to obtain a fair and reasonable resolution to all problems.

What are the benefits of an amicable divorce?

Once both spouses have reached an agreement on all the terms of the divorce, they can file an application with the court.

Filing divorce papers requires that one of the spouses registers the documents and pays the filing fee. Once this is done, the marriage dissolution process officially begins. In California, the filing fee is $435.

Spouses, as a rule, file their own settlement agreement with the court, which they prepared jointly after the negotiations.

Benefits of an amicable divorce include:

• Lower cost. Reaching an amicable agreement dramatically reduces expenses, becoming a more affordable way to get divorced without an attorney.
• Less stress. The separation process becomes less confrontational, which is a serious advantage when children are involved.
• More privacy. Spouses can fill out the divorce documents on their own and keep most of their family issues private.
• Faster result. Amicable divorces are granted in a much shorter time compared to contested cases, some of which can take several years.

If the spouses do not intend to turn their separation into a long, painful, drawn out process, then an amicable divorce is their best option. Moreover, by reaching a mutual agreement, the couple can use an online divorce service to help them with the process. Most online divorce services are relatively inexpensive. So it is in the best interest of the spouses to resolve existing issues without conflict.

Steps for an amicable divorce

The dissolution of marriage is often seen as a lengthy judicial battle with the details of the couple’s private life being put on public display. The process can lead to mutual hate and extensive litigation for years to come.

To avoid such an outcome, it is better for spouses to overcome their emotions and reach an agreement in an atmosphere of peace and respect. In California, an amicable divorce can be completed in as little as six months from the start of the case.

Below are some tips for staying on the right path towards an amicable divorce.

1. Gather as much information as possible.

Knowledge is power.

Before you start the marriage dissolution process, collect as much information as possible. The better you understand the problems, the better decisions you will make. First, determine your financial situation and your financial capabilities. Are you ready for a multi-year trial and the tremendous cost of using a lawyer? Perhaps you and your spouse can figure out, on your own, who will own what after the divorce.

Also, collect information about the marriage dissolution procedure itself. The more prepared you are, the more effectively the divorce will proceed. There is a good chance that doing so will minimize financial expenses and protect you from unnecessary issues.

2. Consult a lawyer.

Obtaining information from a competent lawyer is an undeniable benefit. Before you begin negotiations for an amicable divorce, it is best to receive legal consultation, if possible. But if, on the other hand, the matter is not complicated (for example it was a short marriage with no significant assets or debts and no children), then you can probably do without the support of a lawyer.

If you do choose to consult a lawyer, turn to someone reasonable who is ready to help you get a divorce in the least destructive way.

3. Consider the interests of children.

All divorces come with significant stress for everyone involved. The separation of parents can cause extreme psychological challenges for children. The stress suffered by a child can be made worse by observing blatant conflicts between the parents.

When negotiating with a spouse, put the interests of children at the forefront. Especially since, in California, courts scrupulously consider all issues connected with children. It is best to discuss all child custody issues in advance, including the frequency of visitation for the non-custodial parent, the amount of child support, and any issues related to the education and upbringing of the child.

4. Make a plan for your claims.

Choose a time when you are least agitated to calmly discuss plans with your spouse. It is especially crucial to use calm moments to resolve questions related to child custody, your future financial stability, and division of property. Think carefully about all the aspects of your future life in order not to miss anything essential.

5. Collect financial information.

For various reasons, married couples often do not have complete information about the financial situation of the family. The wife might not be aware of the real financial condition of her husband, and vice versa. It is important for the spouses to speak openly with each other to clarify the actual financial situation. And although you have lived together for years and trusted each other, you should still verify the information you receive with the appropriate authorities.

Knowing the real financial condition will allow you to protect your rights and take an unbiased approach to the situation.

6. Have realistic expectations.

Check your emotions at the door when you enter into negotiations. You can’t let hate or revenge drive your decisions or you’ll never be able to have a reasonable conversation, let alone come up with an amicable result. If you fight for every little thing, suspecting that your spouse wants to deceive you, an amicable divorce will not work. Once you have your head in the right place, think about what is truly important to you to be able to move forward with your life and be happy again. Learn to find a compromise between what you think you deserve and what you can sacrifice.

7. Negotiate in a dignified manner, honestly and in good faith.

Negotiate in a dignified manner, honestly, and in good faith. Why? If you are caught cheating, hiding assets, or withholding information, this can harm your reputation. The negotiation process will come to a standstill, and an amicable divorce will be impossible.

Amicable divorce over the Internet

There is no need to spend thousands of dollars on lawyers and litigation if you and your spouse can make decisions on the essential issues by yourself.

Instead of protracted and expensive battles, it is better to solve everything peacefully to reach an amicable divorce.

A large number of online services in California have become a prevalent solution for many couples who want to get a divorce quickly and with minimal financial loss. In the absence of serious disputes and difficult questions regarding child custody, online divorce can help you reduce costs and save time. Such services assist in the preparation of documents and provide advice on issues related to the marriage dissolution process.

Divorce does not need to be a scary, emotionally draining, and nerve racking experience, especially if you can reach an amicable end to your marriage. Divorce is the first step down a fresh path that may lead to the start of a new life with a person who is your true soul

Karthikeya