In a civil marriage the term amicable refers to the willingness to work together in order to resolve disputes. In a legal marriage the word amicable refers to the willingness to have one’s agreement implemented through court proceedings. In both situations there is an underlying desire to achieve amiable results.
In a divorce, amicable refers to the willingness to live together without irreconcilable differences. The legal definition of amicable is ‘having a spirit of conciliation, without rancor or serious disagreement.’ The spirit of conciliation, not necessarily people. An amiable divorce means that a civil divorce, wherein both parties agree on property division, alimony and child custody, has been reached by an independent third party.
In a marriage, the terms amicable results in an agreement in which both parties accept what was decided upon by the other. The agreement may be a divorce settlement or may involve an annulment of marriage. In a dissolution of marriage, the terms amiable result in an agreement in which both parties agree to the terms of the divorce.
Divorce is often thought of as a process where one party refuses to agree with the decisions of the other and seeks to have the divorce granted by the judge. There are no official records of a judge granting divorce; in fact the records do not exist in most states. A judge must decide that both parties are unwilling to live together peacefully and must then refer the case to an attorney who will argue on their behalf to obtain a divorce.
In court cases, amicable results are often achieved. Although there is a significant level of legal uncertainty in a divorce case, there are certain things that the judge will be looking for during the course of the case. The judge will want to see an amiable outcome because it shows that both parties are willing to work things out and will not be seeking to have the case thrown out.
In order to establish amicable results, the attorney who represents one party must persuade the judge to grant the divorce. if he or she can prove that there is an irreconcilable difference between the parties. This is a very difficult situation to prove and requires both sides to cooperate to reach an agreement.
Although the judge cannot actually hear the divorce proceedings, the court will have to accept the parties’ statements. and will make decisions based on these statements, even if the statements are contradictory. If the parties cannot come to an agreement on the custody of children, the judge will ask that the two parents come to an agreement.
Even though amicable divorces do not result in a court trial, both parties may have to attend mediation. In mediation, a judge will sit down with each of the parties and talk about the case. This helps both sides understand the issues and come to an agreement. The parties may need to agree on a schedule of events for the kids to see.
The final decision in the case of an amicable divorce is usually made by the judge. The judge may not find the other party as worthy of being a part of his or her life. But he or she may find that the other parent is a good parent who is doing all they can to help the other parent succeed.
If the judge does not get a positive recommendation from a family law attorney, he or she may decide to award the divorce. But even when the other parent wins, they will still have to go through the mediation process again. The mediator and the judge will go over the agreement again before the divorce is finalized.
There are some states where the judge will refuse to grant a divorce if the parties have children together. The courts have set up a system for the children’s welfare in this situation. This will ensure that the children are well taken care of and the children’s rights to custody are respected. If one of the parents loses the custody of the children and lives with another person, the courts will try to keep custody with the children.
Different states have their own rules on how to go about amicable divorces. They will have different laws concerning whether the parents have to go through mediation, if the child custody issues have to be settled before the divorce is finalized, and what happens to the assets.