By: Megan Mason
An amicable divorce is typically synonymous with a no contest or uncontested divorce. However, in some states, particularly in the United States, divorce mediation is also a common practice. This is because divorce mediation can offer divorce lawyers and clients an opportunity for a quick, affordable and amicable divorce. Not surprisingly, each state but particularly in New York now have no-contest divorce laws in order to facilitate expedited divorces. But what exactly does amicable divorce mean?
When two married individuals enter into marriage, they are required by law to enter into a marital settlement agreement. This agreement outlines the parameters of their divorce, including child custody, visitation rights, the division of property and other financial matters. The state laws allow for these agreements to be settled “naturally” through divorce mediation. As amicable as this arrangement may sound, both parties may not readily agree on all aspects of the agreement. This means that a divorce mediator may be necessary in order to sort out the various concerns and to negotiate an equitable divorce settlement.
In order for an amicable divorce to work well, there are a number of factors that must be taken into account. The primary factor that works well for most situations involves the age of the parties involved, the ages of their children, their respective ages when the divorce was filed and the duration of the marriage for which it is being sought. Once all of these factors have been taken into consideration, the next consideration that works best is whether or not the spouses are amicable.
If both parties are amicable, the mediation process works well. If one party is pushing for a divorce, and the other party is offering to help settle the differences, then the mediation process serves as a forum where the parties can meet and resolve their issues. However, if one party is insisting on a trial divorce, then the mediation process fails and neither party is amenable. This occurs when the person seeking the divorce believes that the other spouse is not willing to reach a settlement because of the cost or the potential economic ramifications of such a divorce.
There are many other reasons why both parties may not be amenable during a trial divorce. For instance, some individuals and couples feel that it is important to be completely truthful during a divorce settlement. If one party dies during the course of the divorce, then co-mediation may not be a great option. Another concern involves how a trial affects children. Some people believe that children of divorced parents do not fare better emotionally or psychologically than children who stay in the marital home. The use of a mediator during an amicable divorce minimizes the negative effects of a courtroom battle and ensures the safety of any children.
Collaborative Divorce may also be a great option for individuals or couples who don’t feel that they can effectively negotiate through the court system. Mediation can help such individuals and couples overcome their concerns and frustrations. With the help of a neutral third-party individual or couple, negotiating a divorce can be much easier. It allows both parties to communicate their feelings and expectations, as well as to address issues with respect to the property, finances, and children during the course of the divorce. In addition, during mediation both parties may meet with a neutral third-party mediator to further amicably resolve any other issues. Mediation may be especially useful for those divorcees who believe that a trial would be too costly and too time-consuming.
There are many different types of divorce attorneys and divorce lawyers. In order to find a suitable one for your case, you should obtain the advice and recommendations of those whom you trust the most. The best divorce attorneys and divorce lawyers are those that have the most experience in dealing with all sorts of cases, and who have either represented their spouse in a past divorce case or know someone who has successfully navigated similar proceedings. Many couples choose to work with divorce attorneys or divorce lawyers who have a combination of experience in family law, including child custody, divorce, and other divorce-related matters.
When it comes to an amicable divorce, there are a variety of different attorneys and divorce lawyers available to meet the needs of all types of divorces. In addition to working with individuals and couples, many divorce attorneys and law firms offer a free initial consultation to discuss all of the necessary details and potential complications in the divorce process. These introductory meetings can help you develop an understanding of your specific needs and what type of attorney would best be able to assist you in your divorce proceeding. When it comes to the difficult and sensitive topics of divorce, having an amicable, respectful, and effective attorney representing your best interests is vital.