COMMON QUESTIONS

Common Questions

How is an Amicable Divorce different from a traditional divorce?

Although there are many differences, the main ones are that with an Amicable Divorce, both parties agree to use professionals in the network for their case and to make every effort to fully settle their case prior to filing anything with the court. With a traditional divorce, the process generally starts with the filing of a court action which places the parties on a timeline and into an adversarial process immediately. Each party may select attorneys and professionals who may have different attitudes or approaches towards the process which can lead to increased cost, time and conflict for parties who desire to resolve their case amicably.

With the Amicable Divorce Process the professionals involved have experience working together to resolve matters for the parties and agree to work through contested issues for the parties using alternate dispute methods like mediation, parent coordination, arbitration, financial professionals and more to reach an informed settlement for everyone to resolve their issues.

What if my spouse and I do not have all of our terms settled?

That is perfectly fine. Having all of your terms settled before you even approach an attorney is called an “uncontested divorce” and any of our attorneys can also assist you with that process. Through the Amicable Divorce process, parties may need negotiation or mediation to assist in reaching an agreement. They will exchange financial information and can obtain other documentation they need to reach a fully informed agreement. The Amicable Divorce process is designed to assist parties at all stages of settlement to reach a peaceful conclusion to their matter without judicial intervention.

How do I know if Amicable Divorce is right for me?

If you are reading this that is a good start! Amicable Divorce is NOT recommended for cases which involve mental or physical abuse of spouses or children, substance abuse issues, or mental health issues. To receive an assessment of your case to determine the best route for you, please consult with a family law attorney in our network to see if Amicable Divorce is a good fit for you.

I think this is right for me. How do I begin?

It is necessary that BOTH parties in a case be committed to this process and select professionals in the network. If one spouse does not that is completely fine it will just be a “traditional” divorce and any of the professionals here can help you with that process as well (unless noted). To review a list of all professionals in the network, please visit the front page of this website to look on our Network Members tab to see who you would like to reach out to.

We have complex issues like a family business, pension and other items. Can we still have an Amicable Divorce?

Of course. Pursuing and Amicable Divorce is not about what you have but rather how you choose to go about dividing it up. The Amicable Divorce Network is made up of attorneys and other professionals with many years of experience who can assist with all complex issues. We have experience with pensions, business evaluations, 401(k), TRS, military benefits and more. Simply because you have complex matters does not mean you need to approach in a contested fashion. The pace of the Amicable Divorce is also determined by your circumstances, not the court system. So this allows you to take time to get the best information possible.

Is Amicable Divorce cheaper?

Lower cost is always a goal of an Amicable Divorce. However, as noted above you may have complex issues that require time and effort to work on. Each case is as different as the parties involved. The Amicable Divorce process, however, is designed to be cost effective for the parties. Please discuss cost and factors that may increase or decrease your cost with your selected attorney & other professionals.

What if I start an Amicable process and my case gets contested?

If at any time you feel that you need to exit the Amicable Divorce process and pursue a more traditional divorce process, you may do so at any time.

How are professionals selected for the network?

In short, professionals must be experienced in family law, recommended by another professional in the network, and committed to the philosophy of keeping cases low conflict and placing the desires of their client first. The group was created to bring together like minded professionals with the primary purpose of helping couples and families through difficult times. Our collective experience has lead all professionals to this network because we know there is a better way to serve our clients and community during this difficult time. If you have an issue with a professional in our network, we encourage you to inform us so that we can assess their membership.

Is this a national network?

Currently the Amicable Divorce Network only has members in the metro Atlanta Area and primarily North Atlanta area as it was founded in Forsyth County, Georgia. As more people learn about the process, we hope we can gain network members in more areas.

I have a family law case that is not a divorce. Can I use the Amicable Divorce Network?

Yes. So long as both parties wish to use this process, it can be used for child support modification, custody issues and almost all other family law matters.