You and your spouse can divorce by agreement.
Amicable Divorce dissolves your marriage out of court.
Compared to traditional divorce that uses the court system to resolve conflict, amicable divorce is:
- Faster.
- More affordable.
- Without court.
The decision to divorce is difficult enough, but compounded with the fear of a lengthy, adversarial legal battle that impacts you and your family financially and emotionally, it makes the decision to divorce even more daunting. You and your spouse may both want a more peaceful divorce, but you don’t know how or if it’s even possible.
Discover the Benefits of Amicable Divorce
Compared to traditional divorce, amicable divorce offers a more peaceful, collaborative, out of court approach. This type of divorce puts you in control of your future. You craft an agreement that considers the needs of both you and your spouse. The process fosters open communication and minimizes the negative impact on your family. Here’s how this process can be the solution you’ve been searching for:
- Less Stress, More Control: You’re empowered to make decisions that matter most to you and your family. Say goodbye to the stress of a courtroom battle and hello to a collaborative process that respects your choices.
- Financial Peace of Mind: Women often worry about the financial effects of divorce. Amicable divorce aims to ensure a fair division of assets and financial support.
- Prioritizing Children: Amicable divorce encourages cooperative co-parenting, providing stability during a difficult time and minimizing the emotional impact on your children.
- Swift Resolution: Traditional divorces can drag on for months, if not years. Amicable divorce aims for a quicker resolution, allowing you to move forward with your life sooner.
The Way You Divorce is a Choice
When getting divorced, you have a choice. A couple who takes the time to learn how to dissolve their marriage peacefully walks away better for it. You and your spouse can choose to divorce amicably, and the two of you do not have to wage war. The two of you can choose what divorce process to follow, how to negotiate terms of your settlement, how to divorce without blame, and how to put the needs of your children first.
TIP: Before you discuss every detail of the divorce with your spouse, take time to focus on the bigger picture first and get educated. Decide what is important to you, and then speak with an attorney trained in the amicable divorce process. Oftentimes, couples who negotiate the details first end up making mistakes because they didn’t know some of the pitfalls of the agreement. Then there are hurt feelings when things have to be taken back, resulting in a messier split.
Who is Amicable Divorce for?
This process is ideal for couples who want to divorce with dignity and avoid waging a costly war. It’s best when both spouses want the divorce and both want to keep the divorce out of court. You and your spouse don’t have to see eye to eye, but there should be some level of trust and a reasonably mutual desire for fairness.
This process is NOT good for marriages where there is domestic violence, where one spouse lives in another state (or is moving to another state), when one spouse does not want the divorce and would rather fight it, if you have not discussed divorce with your spouse or are unsure if he or she will agree, or you can’t locate your spouse. If you are in one of these situations, you may still be able to reach agreements but it will not be through the Amicable Divorce Process.
Amicable Divorce Network
Alexandra Geczi PLLC is a proud member of the Amicable Divorce Network (ADN). The Amicable Divorce Network is an international network of vetted professionals committed to helping you through an out of court divorce process in a low conflict and efficient manner.
Frequently Asked Questions
What is an Amicable Divorce?
Amicable Divorce is a process where the parties to the divorce are committed to settling their divorce case with the out of court Amicable Divorce Network process, with a focus on low conflict and high efficiency.
How is an Amicable Divorce different from a traditional divorce?
There are several differences between an amicable divorce and a traditional, litigation-based divorce. The key difference is that both spouses agree to use professionals who are committed to and trained in the process to negotiate and settle their case out of court. Doing this keeps the timeline flexible and the divorce private and efficient. Another key difference is that this process focuses on low conflict practices like mediation instead of high conflict practices like litigation to get their desired result.
One last important difference is that the divorce is settled outside of court BEFORE anything is filed with the Court. This difference is important because it ensures that the process remains amicable. If one of the parties files with the Court before a settlement is reached, then there is a chance that the court will push the parties into litigation. With the amicable divorce process, we work towards settling the case and then file the paperwork as a last step to finalizing the divorce.
How is Amicable Divorce different from a collaborative law divorce?
Both amicable divorce and collaborative divorce share a spirit of cooperation, but the Amicable Divorce process does not require the involvement of non-attorney professionals and does not require the attorneys to withdraw if the amicable divorce process is not successful in settling the issues. If you’d like to learn more about collaborative law, click here.
How is an Amicable Divorce different from an Uncontested Divorce?
With an uncontested divorce, everyone agrees on all the issues and signs off on the final paperwork quickly. The attorney does not have to negotiate with your spouse, and an uncontested divorce can often be done by flat fee. The attorney can guide you, but the attorney’s role is primarily to ensure that things get done correctly and not necessarily to engage in the process or negotiations. If you and your husband do not agree or sign the paperwork, then it is not uncontested. However, the attorney can jump in and guide you and your spouse in the amicable divorce process or other types of divorce.
How does the Amicable Divorce process work?
Each spouse hires an attorney who is a member of the Amicable Divorce Network or an attorney who is committed to the process. If your spouse does not want to hire an attorney at all, then we can still assist you using the process. Next, information will be exchanged and analyzed. The attorneys will determine what information is relevant to divorce and set deadlines for the exchange of information.
After that, the attorneys will either directly negotiate terms for settlement, or the attorneys will assist the clients in coming up with terms for their agreement. If the attorneys and the clients are not able to reach agreements, then mediation may be utilized. Mediation may also be utilized to lock the agreement in.
Once an agreement is reached, the attorneys will draft the final divorce paperwork for everyone to sign. No one gets served. You or your spouse will sign a Waiver of Service. Once the paperwork is finalized and signed, then one of the attorneys will file the agreement with the Court. The couple will wait 60 days for the mandatory cooling off period in Texas and then the judge will be able to sign and grant the divorce.
What if my spouse and I don’t have all our issues settled?
That’s okay. Most couples want to have an uncontested divorce, but they lack the knowledge and skills to maneuver the legal paperwork, child support calculations, tax consequences, and difficult details needed for a complete divorce settlement. This process assists divorcing couples with getting their matter resolved completely and professionally in an efficient and financially mindful way and without destroying the relationship. If the lawyers are not able to help with all of the issues, other professionals may be called upon to help with things like division of financial assets and parenting plans.
What if my spouse and I can’t agree?
Professionals who adhere to this practice are experienced and trained in handling complex family law issues. They use direct negotiation, mediation, and arbitration for the parties to reach a final and binding agreement outside of the court system. However, if you still can’t reach agreements, then you may need to choose another divorce process to dissolve your marriage.
What if we start the Amicable Divorce process and then things get contested?
Nothing prevents you from exiting the process at any time. If things become so contentious that divorcing amicably is not possible, then either of you can access the court system. Unlike collaborative law, you can choose to exit the amicable divorce process and retain your attorney to represent you in the litigation portion of your divorce.
Is Amicable Divorce cheaper than traditional divorce?
The Amicable Divorce process is designed to be more affordable than traditional divorce. The process promotes settlement, is streamlined, and uses technology for professional collaboration and efficiency.
Do my spouse and I have to agree?
Regardless of how contentious or complex your marriage dissolution is, statistics show that more than 90% of divorce cases eventually settle out of court. The divorce system profits by creating conflict, but the amicable divorce process is designed to keep you focus on settlement. With the process, you exchange information and negotiate your settlement. The process reduces tension and cost.
Does my husband have to hire an attorney?
No, he does not have to hire an attorney. One attorney can draft the paperwork and negotiate directly with your husband to reach settlement. However, your attorney can only represent you and cannot provide legal advice to your husband, even if things are amicable and agreed. If your husband wants the advice of an attorney, then he may want to hire his own attorney. Hiring a second attorney who is trained in amicable divorce may help in getting the case resolved more efficiently. For the best results, your husband should hire an attorney who is aligned with the approach, and a directory of attorneys can be found here.
How do I tell my husband I want a divorce?
Many of our clients experience anxiety over breaking the news to their husbands. We recommend you speak with a therapist about the best way to break the news, but approaching the conversation with information about this particular process may help. You can direct them to this landing page, to the Amicable Divorce Network’s page, or you can contact us for a brochure to provide him. When you hire us to work with you, we have a packet of information that we will send him or you can give to him.
Partners in the Journey of Amicable Divorce
Our team at Alexandra Geczi PLLC is dedicated to supporting you every step of the way. We are female attorneys who understand the unique challenges women face during divorce, and we’re here to guide you through the process. With our expertise in divorce, and as an active member in the Amicable Divorce Network, we’ll work together to create a personalized plan that suits your needs, ensuring a smoother transition into your new life.
Contact Us Today
Embarking on the path of amicable divorce is a courageous decision, and we’re here to help you take that first step. Reach out to us today to schedule a consultation and learn more about how we can assist you in making the journey towards an empowered, amicable divorce. Your future begins now.