Is There Really Such a Thing as an Amicable Divorce?


Admittedly, combining the words amicable and divorce seems counter-intuitive. After all, what could possibly be friendly about the end of a marriage?  However, it does happen.  For many couples looking to split, an amicable divorce is also cost-effective.

Just because it makes sense to split on good terms doesn’t mean it’s easy. Consider one celebrity divorce story. According to gossip rags, Gwyneth Paltrow and Chris Martin opted for what they termed a “healthy divorce” or “conscious uncoupling.” However, just last year, Paltrow admitted to the tabloids that her divorce was “incredibly painful” and the “most difficult thing she’d ever done.”

Amicable or not, divorce is an ending. With rare exception, no one plans on getting married to get divorced. And, for some, visions of making things quick and simple just don’t work out that way.

Uncontested Divorce in NJ

When it comes down to it, an amicable divorce translates to an uncontested divorce. In short, you and your soon to be ex both agree that you no longer want to be married. Neither of you needs to come up with a reason to justify your feelings that the marriage should end.

Instead, NJSA 2A:34-2 says that claiming irreconcilable differences have broken down the marriage is reason enough to file for divorce. The only caveat is that you must certify that the issues lasted at least six months and there is no chance of reconciliation.

Of course, if you and your spouse don’t have children or have any property to split, it’s far easier to come up with an arrangement for your divorce settlement. However, you should always speak with an experienced New Jersey divorce lawyer to discuss your particular circumstances. Do you own a business? How about your pension plan? These are just some of the issues that can come up with a marriage dissolution.

Divorce Mediation

If you and your spouse are both on the same page as far as ending your marriage, divorce mediation might be quite useful. Although you might think that you don’t need a mediator, you’d be surprised at the help one can give you. And, no, divorce mediation isn’t just for those in constant battles over who keeps the painting over the fireplace.

Someone who wants to keep things simple may find that divorce mediation works for them. It allows the couple to take charge of the process. You and your spouse can work out the details concerning custody and parenting time, as well as any financial issues.  This is a better alternative than protracted litigation – where a judge determines what happens to you. Your attorneys will both be there to guide you through the process and work out a settlement agreement.

Contact Us

Whether you think your divorce will be amicable or not, the Law Offices of Sam Stoia would be happy to discuss your situation. Give us a call to set up a meeting!