Amicable Divorce Mediation
Most people believe that an amicable divorce is a myth, which means divorce peacefully, is probably a lie. However, the good news is that it is certainly possible. But only if you understand what one actually is and what you have to do in order to get one. To begin, let s try your knowledge about what amicable divorce is:
An agreement, whether written or unwritten, concerning the terms of the divorce and related issues, is called a marital settlement agreement. A marital settlement agreement is reached after the parties negotiate on the terms of the divorce. This agreement is reached after both parties concur to the terms and are willing to go their separate ways. In some cases, where neither party is willing to reach an agreement, divorce mediation may be used instead. The divorce mediator is independent and impartial, allowing the parties to work out the issues amicably and fairly.
In an amicable divorce process, you can expect that there will be less litigation. This means you will save time and money. Because mediation and collaborative divorce involve less litigation, you can expect a quicker healing period after the litigation ends. This healing period is very helpful for a couple because it allows them to evaluate the strength and weaknesses of their relationship. It also allows each of them to learn from their own shortcomings and mistakes and help their partners through the process of restoring their marriage.
Another advantage to working with divorce mediators and collaborative divorce lawyers is that they can offer professional divorce advice. This professional divorce advice can help you with everything from how to obtain the proper divorce settlement to financial issues that impact your ability to pay alimony and child support. These professionals can assist you in navigating the court system and can answer questions about any other aspects of your case such as asset evaluation or asset protection. They can also offer information on overcoming marital problems such as trust, dishonesty and anger. This advice is valuable because it can save you from making mistakes that could cost you your family, your property and your future.
Collaborative divorce lawyers are often very familiar with the legal rights and limitations you have as a divorce debtor. This knowledge gives them the ability to give you guidance in achieving the most amicable divorce possible. In some cases, they can even negotiate on your behalf. In other cases, they can represent you in negotiations with your ex-spouse. Whatever their expertise, collaborative divorce mediators understand the complexities of the divorce process and are able to help you achieve the results you are looking for.
Unlike litigation, amicable divorce processes require fewer appointments with the court and less time spent in custody, doctor appointments, therapist appointments, etc. Plus, because of the reduced cost associated with amicable divorce mediation, many couples are able to achieve a quicker final resolution to their divorce matters. The litigation process takes months if not longer and is extremely expensive. If a couple is able to successfully work together and reach an amicable marital settlement agreement, they will find themselves in a much better position to enjoy the rest of their lives after their divorce has been finalized.
Although it is rare, there are instances when some couples may be unable to work together due to some underlying circumstances. In these instances, divorce mediation is often an effective way to resolve marital issues. Divorce attorneys are aware of all the issues that often arise during the divorce process and often have the skill and experience needed to help these couples come to an amicable solution. Again, if a couple cannot agree on an amount or terms of distribution of assets or a key aspect of the divorce such as spousal support, divorce attorneys may be able to mediate the issue so that both parties receive fair representation.
In some cases, divorce mediation would be an option only, such as if the spouse who wishes the divorce had less income than the other spouse. In these cases, a divorce mediator could assist the couple in negotiating an equitable settlement. The spouses may also wish to consider a full-blown litigation trial. A litigation trial would require the complete involvement and expertise of a divorce attorney who would be experienced in preparing for this type of case. Again, it should be noted that if a spouse was able to demonstrate that they were unable to co-parent or maintain a meaningful relationship with their spouse following the divorce decree, they may be able to use the divorce decree to seek full-fledged litigation.