Amicable Divorce – Steps To Obtain An Amicable Divorce
Amicable divorce is when both you and your partner agree that you are going to separate from each other. The vast majority of couples who divorce amicably manage to keep their divorce intact. But, some divorces tend to run on for years, or even decades. Such instances are why it is so important to have a divorce mediator involved in the process.
Usually, divorce mediation is a lengthy process where the couple is trying to sort out the many differences they have regarding their marital affairs. There is the property division to deal with as well as child custody and support. A divorce mediator will take care of all these for you. Often, the divorce mediation can last as long as four months. During this time, the mediator will try to figure out how you and your partner can live peacefully together – especially with regards to dividing and distributing marital property.
Another great option for couples who want an amicable divorce, is co-mediation. In co-mediation, the husband and wife are the only parties involved. This is great for couples who aren’t really looking for a quick divorce. With co-mediation, you can both speak with a professional divorce mediator who will listen to both your sides of the story but make the ultimate decision on the matter. If no resolutions are made, then the matter will be referred back to the court.
However, some couples feel that mediation isn’t right for them. If this is the case for you, then it is important that you see if your state has any form of a no-fault divorce law. Often times, divorce mediation isn’t covered by no fault laws because the parties are simply amenable to each other and don’t want to put a strain on the marriage by going to court over the matter. Before you even start thinking about going to mediation, you should check with your local family law attorney, as they may be able to recommend a good divorce mediator in your area. It is always important to have an advocate on your side, whether you are going through amicable divorce or not.
There are also ways to get an amicable divorce without a mediator. This can be done with the assistance of a professional divorce and marriage counselor. Marriage and divorce counselors are specially trained to be able to assist both married couples who are going through a divorce, as well as those who are simply unhappy with their current marriage. Most counselors are able to help both spouses communicate with each other in a manner that will allow them to get along with one another. This is important, as many marriages fail when there are issues between the spouses and none of the spouses are willing to work together to resolve them.
Couples who are unable to come to an amicable divorce peacefully may opt to choose divorce mediators instead. Mediation is a process in which both parties are brought together for face-to-face communication, with the goal of resolving any differences amicably. Each spouse may take a turn being the “host” for the other during this time, with the goal of building a better relationship than what originally existed in the marriage. The mediator may bring different perspectives to the table and ensure that all of the problems that have stemmed from the divorce are brought to light. In some cases, the mediator will also be able to help couples who feel that the issue of child custody should be settled outside of the courtroom. Regardless of what kind of mediator is chosen, it is important to remember that everyone has a right to a fair trial; therefore, it is vital to try to resolve any issues amicably, in order to move forward with a smooth and amicable divorce.
In most instances, it is often recommended that couples work things out together prior to proceeding any further with the divorce process. This is especially true if children are involved. If you are going to choose to hire a family law attorney to represent you, it is highly recommended that you meet with them before making any final decisions. You may even wish to meet with several different ones so that you have a wide range of opinions and ideas as to the best way to go about obtaining an amicable divorce.
Once both sides have met with the divorce mediator, they will be able to present their cases and listen to the options that have been presented. If an amicable divorce has been achieved, the marital settlement agreement will then be prepared and filed in the courts. The mediator’s job is to facilitate the divorce process by keeping the parties calm during this time. If no resolution is reached, or the parties begin to argue again, both attorneys will continue to work on their case, and use the divorce mediator as a third party to assist them in finalizing the divorce.