The phrase “Amicable Divorce” is often heard when dealing with divorce, but what exactly does it mean?  And is it possible?  San Diego Legal Documents specializes in amicable divorces and has resources to assist the couple in any area they may need.  When you and your spouse can agree on the terms of your divorce, the process is much smoother, quicker, and you never have to see the inside of a courtroom.  To start off with, do not have a conversation about the terms of divorce when either of you is emotionally charged.  Divorce is a very emotional and mentally draining process for all involved and the best time to discuss it is when both parties are calm and can discuss the terms in a loving and logical point of view.

Property and Debts

To start with, discuss any property you may have.  Do you have a family home?  Will one of you stay in the home?  If not, find a realtor that can assist you with listing the property for sale.  Some couples may opt to both stay in the family home.  Next, determine how you will split any additional assets you may have.  And don’t forget about the debts!  Any debt acquired during the marriage is community property so must be dealt with accordingly.  Be open, honest, and transparent.  If one person is hiding something, the divorce will not end amicably.

Children

If you have children, discuss what is in the best interest of the children.  Try not to disrupt their lives too much and show them that you are kind and considerate to one another.  This will help them get through this difficult time.  We have therapists that work with families to develop parenting plans if you and your spouse are having difficulty coming up with one on your own.

401K/Retirement

Finally, if you have any 401K or retirement plans, you will need a Qualified Domestic Relations Order (QDRO).  San Diego Legal Documents specializes in QDROs and can assist you in navigating through them.

Divorce is far more difficult and complicated than marriage, but it doesn’t have to be ugly!  Amicable divorces are possible and do happen frequently.  Our goal is to keep both parties has financially whole as possible and to put the best interests of the children as a priority.  If you need assistance in filing for divorce, whether your spouse is in agreement or not, please do not hesitate to contact us.  We would be happy to help.