Amicable Divorce Without a Hassle
Sometimes, couples seek the services of an amicable divorce attorney when they decide to dissolve their marriage. They might think that attorneys are unnecessary since their property division is so amicable and fairly simple. But think about this: in a typical amicable divorce you still have to fully understand your financial obligations and rights, such as the type and quantity of all debts and assets owned by you and your former spouse… and unless you hire an experienced, compassionate divorce mediator who is willing to listen to your side of the story from start to finish, things could get ugly.
Even if your situation qualifies for an amicable divorce process, you will still have to hire a divorce attorney to represent you before a judge. This is the only way to ensure that you receive the fair and just settlement that you deserve. And while it’s true that most attorneys offer some form of “no win no fee” or “consultation” services to attorneys who need extra representation during the divorce process, many do not. As a result, there is nothing to stop your attorneys from charging for a consultation; in fact, this can actually work in your favor.
Most attorneys actually prefer to work through a divorce mediation rather than going to court. This is due to the fact that it is much less expensive to go to mediation than it would be to go to trial. In mediation, both sides attend the meeting, and the mediator works with each party to develop a “crystal clear” agreement that neither party will make open to the other. Divorce mediation is much less expensive than litigation, especially if no serious injury or harm is caused to either party during the divorce process. Plus, a divorce mediator works by keeping emotions out of the courtroom.
Because divorce mediation can be a less expensive process than litigation, you may be able to save money by hiring an amicable divorce attorney instead of a lawyer. Some lawyers offer “no win no fee” legal services to clients, meaning they don’t charge any legal fees if the case is lost. However, if you hire a lawyer to fight for your legal rights, you will owe that lawyer anything for their services. Remember that you retain the rights to a fair trial, even if you lose. With most lawyers, you will have to pay your attorney fees unless you win your case and obtain the settlement that you are entitled to.
If you and your husband/wife cannot agree on the terms of your divorce, it will be necessary for a judge to decide the fate of the marriage. The judge will determine which spouse’s interests are best served through peaceful divorce. The judge may decide that both spouses should get divorced. He/she might also award custody of the children to one spouse. In this case, both parents would need to hire their own divorce attorneys. If both spouses do hire their own attorneys, they will be responsible for making the important decision about who gets to maintain the family and home and which parent has the children.
If you are not able to agree on the terms of the divorce, or if the relationship between you and your spouse has become too distant for the purposes of a peaceful divorce, it will be necessary for you to seek the help of an amicable divorce process. Many states now require a spouse seeking a divorce to first hire their own divorce attorney and then go through a court approved mediation process before they proceed with the divorce. A court hearing is generally scheduled around eight weeks after the initial divorce papers are filed in the courts. During this time, a family law attorney works with you to iron out any issues that remain between you and your partner. Sometimes, the amicable divorce process allows both parties to settle their matters outside of the courtroom and then resume the divorce process once they have come to an agreement.
If you find that you cannot agree to the terms of the divorce or you are unwilling to work out an agreement, you may wish to consider filing a request for an amicable divorce with the court. In most cases, a request for an amicable divorce is used when one of the spouses does not follow through with the promises made during the divorce process, such as the promise to provide suitable living conditions for the children. For these cases, if both parents hire their own divorce attorneys and fail to submit a request for an agreement, the divorce will be granted by the court based on the failure to comply with the terms of the divorce agreement. In some cases, the court will order one party to pay spousal support to the other party’s child if they fail to provide child support.
It is important to remember that although both parties have a right to divorce peacefully, failing to follow through on the terms of the agreement will negatively affect both you as well as your former spouse. Therefore, it is wise to try to reach an agreement to avoid unnecessarily disrupting your married life. The best way to achieve a peaceful divorce is to choose a divorce attorney who can ensure that both you and your former spouse get what is due to them during the divorce, especially in a case like yours where there are children involved. By hiring a divorce attorney who can work things out amicably, you can enjoy the final results of your divorce without having to deal with a volatile situation.