It is Possible to have an Amicable Divorce?
Divorce does not have to be hostile.
The end of marriage is painful, but the divorce itself does not need to be. Attorneys Alexis Miloszewski and Jessica Smith are experienced family law litigators, but also, skilled negotiators. We regularly assist our clients in both traditional and amicable divorces. The fact that a divorce is not contentious does not mean that we are any less zealous in our advocacy for our clients’ positions. All aspects of a divorce – child custody, child support, alimony, and division of property – can be resolved without the need for litigation.
No-Fault Divorce Can Mean No Arguing
Pennsylvania is a no-fault divorce state. This means that the spouse who begins the action does not need to prove wrongdoing by the other spouse. One way to obtain a no-fault divorce in Pennsylvania is for both spouses to consent to the end of the marriage. A divorce can be finalized in months if both parties agree that one is necessary and can negotiate a fair distribution of assets.
Benefits of an Amicable Divorce
There are countless benefits to a low-conflict divorce. They include:
- Less stress on the children
- Decreased expense for the parties
- Fewer hard feelings toward the former spouse
- Prioritization of each family’s unique needs
Couples who divorce without excessive fighting tend to be satisfied with the process overall. This is because an amicable divorce allows the parties to retain control over the process instead of letting a court decide their fate. For parents of minor children, the relationship between the parents changes, but it does not end. It is best for the children if their parents can avoid further damage to the family as it takes its new form. Co-parenting means that the parents need to get along with each other. This is much easier when a divorce is not a battle.
Communication and Disclosure are Critical
Open communication and full disclosure of assets and liabilities are essential to an amicable resolution. Honest dialogue encourages a fair outcome for both people involved. Our family law attorneys will advise you about what information is most relevant and what information need not be disclosed. If necessary, we can refer you to experienced mental health professionals who can provide effective communication strategies. Similarly, if the financial uncertainty related to the divorce is particularly problematic, we can refer you to competent financial advisors who have experience with the unique circumstances that challenge separating families.
Divorce is Not One-Size-Fits-All
There is not a one-size-fits-all model for divorcing amicably. The attorneys and the parties can schedule a series of four-party meetings and address their issues in that setting. Some couples prefer to hire a mediator and meet with him regularly (with or without attorneys present) to work out a settlement. For other couples, the collaborative divorce is the best course of action. During your initial consultation, we will discuss your options and help you determine the best process for you.
Attorneys Miloszewski and Smith are both trained in collaborative divorce. Attorney Smith is a member of the Collaborative Professionals of Central Pennsylvania. The group includes attorneys, mediators, mental health professionals, and financial professionals based in Central Pennsylvania. Learn more about the collaborative divorce process by reading our article and visiting the CPCP website.