The “Amicable” Divorce: Is Such a Thing Routinely Available?

Although it certainly sounds nice (as well as being an optimal outcome in any marital dissolution), the answer to the above-posed headline query in today’s blog post basically answers itself, given the unique considerations that exist in every divorce.

And that answer is this, straight and simple: No.

The bottom line with divorces in Minnesota and elsewhere across the country is that some are obtained in a civil — and, yes, amicable — manner, while others, well … are not.

As we prominently note on a relevant page of our proven Twin Cities family law firm at Mack & Santana Law Offices, P.C., we heartily endorse a comparatively de-stressed and informal divorce process — in lieu of a contested divorce under the oversight of a state judge — when that route seems reasonably possible.

And our experienced attorneys play a key role when they represent their clients in the “alternative dispute resolution” (ADR) process. Some form of ADR is typically required before the court will hear a contested motion and before trial. While the ADR process can be less formal than court, we take preparation for this mediatory process very seriously, as this preparation is key to any settlement discussions.

We stress on our site that exploring alternatives to litigated divorce does not signify — nor should it — that Mack & Santana attorneys are unduly focused on “soft” processes and outcomes. Sometimes divorce resolution through court is the only real option for a divorcing couple, especially when a myriad of tough and complex issues cannot be resolved through negotiation. Employing an ADR process, we note, “does not mean that we are unprepared to litigate.”

What it does mean is that it is often worthwhile to engage in ADR and explore whether the case issues can be settled out of court through negotiation and creative problem-solving. ADR is an organized process outside of court that might lead to a comparatively quicker and cheaper divorce outcome. However, our attorneys are simultaneously prepared to litigate if that might be necessary. Such preparation can enhance results at every step of the divorce process, including ADR, whether a divorce is ultimately litigated or not.