Negotiating an amicable divorce takes both attorneys with similar professional skills. An amicable divorce often requires a divorce mediator. A wrong move, by an attorney, or amiable divorce mediator, can lead to a very expensive, long, and drawn-out divorce. Add in the emotional trauma that comes with not knowing what your spouse’s intentions are and there is a recipe for failure. It can even lead to a harmful divorce.
There are many reasons why attorneys get involved in amicable divorces. Most of the time, the reason is to protect their clients’ rights to fair compensation and to be treated equally in the case. In other words, one lawyer might be trying to get more money from a client than another lawyer is offering. This is one way lawyers keep each other updated on what’s going on in the other person’s life. Another reason why attorneys get involved in a divorce is because they don’t want to look weak if they go into the divorce with a “defense lawyer”. Attorneys call this a “defense dog attorney” and it can sometimes backfire when the dog attacks the attorney during meetings.
The most effective way to settle a divorce amicably is through the use of a mediator. However, not every family law attorney has knowledge of this type of mediation. It is often referred to as court mediating. If you hire an amicable divorce mediator, make sure he or she has appropriate educational background and experience to handle cases like yours.
A mediator is a neutral third party that helps the parties negotiate a reasonable agreement about matters related to the amicable divorce. Mediation often begins with a consultation. During this time the parties sit down with the mediator and begin to describe their needs and concerns about the divorce, including possible solutions. The goal is to come to an agreement where both parties feel satisfied with the outcome.
A judge will review the terms of the settlement at a later time. Once the parties have reached an agreement about the parenting plan, child support and any other issues related to the divorce, they can work out the details of the separation, including who gets what assets, who gets custody of the children and any other financial settlement between the two families. When the divorce case is complete, a summary of all court orders will be filed with the courts. This is the time when an amicable divorce occurs.
There are two sides to every divorce case and there is always room for negotiation. Sometimes an amicable divorce happens when the divorcing spouses can no longer stand to keep fighting. There may be some problems with which party wants to take custody of the children, who wants visitation rights or who wants full-time visitation. There are even cases when the divorcing spouses decide they want to end the marriage but do not want to have a trial. This can happen after the children have been raised and the settlement has been reached, when the divorce is uncontested or if one party is in the military and does not wish to go through a divorce procedure.
Many factors are considered in an amicable divorce. These factors include the ages of both parties, any children involved, how long the marriage has been going on and the financial conditions between the two families. The Family Law Judge will consider any marital debt, alimony or spousal support that may exist between the two parties. Child custody and visitation rights will also be a topic of discussion. If one spouse is concerned about the income or assets of the other, this can be discussed and a reasonable agreement reached.
There are many good reasons why divorces go through an amicable way. There are more couples that choose to go through an amicable divorce because they do not want to go to court or deal with all the issues that come with a lengthy divorce procedure. Also, there are fewer court visits and the Court Administrator spends less time dealing with the emotions of the divorcing couple. An amicable divorce is also much quicker than a lengthy divorce process. The courts are able to handle these situations because they do not need to take the time to research the details of each side’s concerns.