An amicable divorce, while generally more peaceful than a contentious one, still involves significant emotional and logistical challenges. Both spouses need to communicate openly and honestly, setting aside personal grievances for the greater good. The effort, however, is well worth it. By working together, couples can ensure a smoother transition for everyone involved. Equitable property, finances, and custody arrangements can be reached more efficiently and quickly when both parties are willing to collaborate. Seeing their parents handle the separation maturely and respectfully also sets a positive example for children. It assures them that their family remains stable and supportive despite the changes.
Essential papers for filing
Even if there is no court battle, organizing several key documents helps assure a fair and equitable arrangement. Having these papers in order can help the process go more smoothly:
- Tax forms: Collect the last few years of tax returns. These documents provide a clear picture of both spouses’ financial situations and are essential for a fair division of assets and liabilities.
- Pay stubs: Recent pay stubs from both spouses are needed to determine income levels, which will affect decisions about alimony and child support.
- Bank statements: Gather statements from all bank accounts, including checking, savings, and any joint accounts. These will help assess the total financial assets.
- Investment records: Include information on stocks, bonds, retirement accounts, and other investments. This information is necessary for dividing investments fairly.
- Inventory of assets: This includes itemizing and valuing assets like real property, businesses, vehicles, jewelry, art and other valuable property. Depending on the asset, an outside appraiser can accurately estimate its fair market value.
- Property deeds and mortgage statements: If you own property, have copies of the deeds and current mortgage statements. This will assist in the division of real estate assets.
- Debts and loans: Collect information on any outstanding debts or loans, including credit card statements, car loans, and personal loans. Understanding the full scope of financial obligations is crucial.
- Insurance policies: Include health, life, home, and auto insurance policies. These documents are essential for ensuring continued coverage and fair division of responsibilities.
- Legal papers: Anything pertaining to the marriage or the family and any preexisting legal arrangements, such as a pre-nuptial agreement.
Mediation often used
Mediation is often the best option for couples seeking an amicable divorce. Mediation involves a neutral third party who helps both spouses negotiate and reach agreements on parenting plans, division of assets and other details. The benefits of mediation include:
- Mediation is generally less expensive than going to court.
- The process is often quicker, allowing both parties to move on with their lives sooner.
- Mediation is a less adversarial process, reducing stress and emotional strain.
- Couples can create more personalized agreements that better meet their family’s specific needs and circumstances.
Start the process off right
Organizing this information is the first step in planning your divorce. You can present this information to a family law attorney, who can help organize it in legal order and identify anything still needed for the process.