Divorce does not need to be adversarial. Many of our clients are represented by counsel in an amicable divorce. Aiello & DiFalco LLP has an impeccable, well-earned reputation for representing clients in amicable divorce matters. We work to assertively advocate for your rights while conducting the proceedings in a civil manner that reduces emotional and financial stress.
A divorce can be less emotionally fraught and easier than you thought as long as you work with an amicable divorce attorney with the right combination of experience and understanding. Contact our office today to get started. We represent clients in Garden City and throughout Long Island.
What Is Amicable Divorce?
An amicable divorce is another term for an uncontested divorce, but it usually involves a process that requires disclosure, negotiation, and more attorney engagement than a simple uncontested divorce with no assets or children. In this process, the parties agree on the issues before filing any documents with the court, such as:
Division of Property
In an amicable divorce, the parties agree on how to divide their marital property: real estate, bank accounts, investments, retirement accounts, debts, and other property acquired during the marriage. The division of marital property must follow the rules of equitable distribution in New York. Often that means 50/50, but circumstances vary, and equitable is not always equal.
Spousal Maintenance (Alimony)
There are two types of alimony or spousal maintenance: temporary and post-divorce. While there is a formula for determining the amount and duration of spousal maintenance under the state’s domestic relations law, our skilled amicable divorce attorney can help you reach a compromise that addresses the concerns for each party.
The parties must work out the issues of legal and physical custody. The parties must agree on whether they will have shared 50/50 custody or otherwise who will be the custodial parent and the parenting time or visitation rights of the non-custodial parent. Joint legal custody with frequent parenting time is the desired outcome in amicable divorce cases.
Child support follows a formula that considers the combined parental income and the number of children. In an amicable divorce, as in other divorce cases, the non-custodial parent, or the parent who earns more if they agree to shared custody, will be required to pay child support to the other parent. Negotiating child support, particularly in cases with two working parents, requires the expertise of an attorney who has handled the more nuanced issues affecting a child support obligation, including the income cap to be utilized and the add-on expenses to be included.
In an amicable divorce, parties resolve their differences without drawn-out legal procedures. In uncontested cases, one party will file for divorce, the couple discusses their differences, agree on the conditions, sign the agreement and then file the paperwork with the court. While the process is relatively straightforward, it takes an amicable divorce attorney to protect your interests. It often also requires an experienced attorney to know what information is needed and how to obtain it in an efficient way in order to protect your rights to assets and other financial relief.
What Are the Benefits of an Amicable Divorce?
There are several benefits to an amicable or uncontested divorce. First, the process is less costly and time-consuming than a litigated divorce. A contested divorce usually means paying attorneys’ fees to prepare motions, handle court conferences, depositions, a hearing or trial, and other expenses. Also, amicable cases can settle in a few months rather than a year or longer.
The main benefit of an amicable divorce is that it can help to avoid the emotional toll associated with a contested divorce. That is especially helpful when the couple has minor children. When the parents cooperate during an amicable divorce, their children may avoid the brunt of the psychological harm of a contentious divorce.
Ultimately, the parties must be able to negotiate in good faith to reach an agreement on property division, support payments, custody, and parenting. These issues can still be challenging in uncontested cases, so working with a capable attorney is essential.
Is an Amicable Divorce Right for Me?
If you are considering divorce, an experienced family law attorney can help you consider all your options. There are circumstances in which an amicable divorce is not possible, such as cases involving domestic violence, physical, emotional, sexual abuse of a child, or drug or alcohol abuse by one of the parties. Sometimes a significant power imbalance or subtler forms of domestic control or violence prevent an amicable solution. If these circumstances are not a factor, an amicable divorce may be right for you and your family.
That does not mean that the process will not be painful, but you will be able to move on more easily. Our attorneys regularly advise clients on uncontested divorces, as well as divorce mediation and collaborative divorce. We understand your challenges and will help you make the best decisions for you and your family.
Contact Our Experienced Long Island Divorce Attorney
If you are considering divorce in Garden City or the greater Long Island and New York area, turn to Aiello & DiFalco. You can trust us to be your allies as well as your attorneys. When you consult with us, we will help you make informed decisions about the way forward. Above all, we will help you navigate this difficult transition amicably so you can move on with the next chapter in your life. Contact our office today to schedule a consultation.