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3 common misconceptions about amicable divorces

On Behalf of | Mar 12, 2024 | Divorce

Amicable divorces have gained popularity as separating couples increasingly value peaceful separations over contentious ones. Moreover, this approach can minimize emotional stress and financial costs during the process.

However, some misunderstandings about amicable divorce lead some couples to opt for the process without knowing what actually happens. This brings about hopeful and unrealistic expectations. Common misconceptions about the process include the following:

Amicable divorce means no conflict

Many mistakenly perceive amicable divorce as having no conflict at all. However, while the term “amicable” generally means that both parties are cooperative and agreeable to the divorce process, it does not mean that there would not be any disagreements or emotional difficulties along the way. Instead, amicable divorces are more low conflict than no conflict.

Amicable divorce gives spouses total control

Though amicable divorces provide parties a certain degree of control as to how they want to settle their divorce issues, some decisions must still comply with the laws. In Tennessee, these laws include the equitable distribution of marital property and custody and support arrangements that are in the child’s best interests.

Moreover, parties who settle the divorce issues out of court must still submit the final agreement to the court for review and approval to ensure that they are fair and reasonable to both parties.

Amicable divorce is always a quicker process

It is possible for an amicable divorce to be quicker than a contentious one. However, it is not always the case. The duration of a divorce process will still depend on the complexity of the case, whether there are children involved and other factors relevant to the dissolution. Moreover, some states, like Tennessee, have a waiting period for divorces.

In a divorce, your main priority is to protect your and your family’s interests, regardless of whether you opt for contentious or amicable divorce. Proper research and a knowledgeable legal guidance can help you understand the process better and maintain your expectations.