An amicable divorce is different from an uncontested divorce, though a divorce can be both amicable and uncontested.
“Amicable divorce” isn’t a formal legal term under Texas law. An “uncontested” divorce is where both spouses agree on all issues. Neither of these words appear in the Texas Family Code, talking about divorce. In everyday and marketing use, though, “amicable divorce” describes a divorce where the spouses cooperate throughout the process – communicating respectfully, negotiating in good faith, and often resolving property division, custody, and support through agreement or mediation rather than litigation. An amicable divorce can still involve some disagreement, negotiation, or use of a mediator; it simply avoids the adversarial court battles associated with a contested case. Because the term has no fixed legal definition, how “amicable” a divorce turns out to be often depends less on the initial filing and more on how cooperatively both spouses and their attorneys handle the issues as they arise.
Especially in divorces with children, starting a divorce out amicably is often one of the best ways to help set the family up for long-term success. Of course, some situations or spouses do not make this possible nor advisable. It is imperative that you consult with a Texas family law attorney to determine what your best course of action is.
Another benefit of an amicable divorce is that both parties tend to stick to their agreements better, because they took part in the process and had a say in it. Anytime a matter is brought to a judge for the judge to decide, it is taken wholly out of the hands of the parties and both parties may not like what the judge rules. That is a dangerous risk when considering this in light of the parties’ most significant assets – either their children or property.
One lawyer may not represent both parties. However, the parties may decide that only one lawyer will be used. In that case, one party may have a lawyer doing all of the drafting of the agreements that both parties have reached. One caution to this method – the drafting lawyer only represents their client and cannot give legal advice to the other client. I often represent clients in uncontested divorces in which I am the only lawyer; in this circumstance I do settlement conferences with the other party to see if the parties can reach agreements but I cannot offer legal advice to the party that I do not represent.
Amicable divorces are great ways to save costs, as well. Parties who reach agreements will generally have lower attorney’s fees than in cases where they have to go to court often.
If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.