Most people believe that an amicable divorce, which means divorce peacefully, is just a myth. However, the good news is that it is possible. But only if you understand what exactly one looks like and how you have to do to get one. To begin, let us test your knowledge with this simple question: “what is amicable divorce?”. Answer the following:
Amicable divorce occurs when both spouses can agree on all terms of a divorce. There should not be an impasse or stalemate. The goal here is for both parties to conclude things in a positive fashion. So, how can you determine if you are married in an amicable divorce? Here are some signs:
In non-amicable situations (where there are no children involved), neither party is opposed to the other’s divorce. This means that the parties may decide to enter into a marital settlement agreement without the assistance of an attorney mediator. Normally, each of the parties will file a petition with the court requesting a hearing on the divorce. The parties then schedule a joint mediation session. If the court agrees to the parties’ request, they will issue an order for a hearing. At the hearing, the judge will issue an order for a “Preliminary Examination” where the amicable divorce mediator will try to mediate an agreement between the two parties.
If the preliminary examination is unsuccessful, the parties will be able to present their divorce agreement to a neutral third party, called a “Appellate Panel.” The Appellate Panel will make the decision about the divorce. If both parties agree to the divorce mediation, an agreement will be reached, and the divorce will be final.
There may be negative feelings on both sides of the divorce; however, amicable divorce often leads to a more mutually acceptable result. Many times, the result of a mediation session can be much better than a contentious trial. Therefore, many family law attorneys advise their clients to try to get an amicable divorce through a mediation process. It may not always be possible to reach an agreement, however, and in this case family law attorneys would step in to mediate the case if necessary.
One of the most important reasons to try to amicable divorce is the ability to preserve the family unit. When couples disagree on a number of issues related to the divorce process, they usually cannot agree on how to proceed. A divorce can be very expensive, stressful, and time consuming, but it can also be a successful process when handled properly.
A divorce amicably arranged can also lead to less resentment on both sides of the divorce. When both sides are relatively amicable, they will not hold grudges for long periods of time after the divorce is finalized. This will allow everyone involved to move on with their lives, both professionally and personally. When a divorce amicably arranged, there is also a possibility of coming to financial agreements. This would allow each party to avoid a court battle over alimony payments or child support obligations.
Family law attorneys will tell their clients to try to amicably divorce as much as possible, but the reality is that sometimes divorce can be as amicable and still be filled with resentments. The best way to deal with a divorce is to remain calm and minimize any bitterness that may arise. It will take a bit of time and some work, but a divorce can be handled successfully when each spouse is willing to do their part to settle things in a peaceful and amicable manner. There are many resources for divorce attorneys to help their clients achieve this goal.