Divorce Mediation – How it Works and Why You Need a Divorce Attorney
Amicable divorce is an ethical agreement between a divorced individual and his or her former spouse, which finally ends their relationship. This simply means that the two individuals no longer fight like previous couples do or have long screaming matches about minor issues. They are able to calmly deal with their differences and work towards a solution. A mediated divorce takes a lot of the stress out of the process, allowing both parties to focus on their children, careers, and other concerns.
It is also much less costly than other forms of divorce. Typically, divorces go to courtrooms where both spouses will have to come to court and make a case for their divorce. There is also a large fee for the services of a divorce attorney, making amicable divorce as a viable option. Attorneys often charge thousands of dollars up front, which is why most people opt for the mediation process. Once both spouses reach an agreement in terms of custody and financial settlement, the divorce mediation officially happens and the two people are legally married.
If you opt for the mediation process, you still need to hire a divorce attorney or mediator. However, your divorce attorney or mediator should offer the same professional services you would receive from a licensed divorce attorney. A good divorce mediator will be unbiased, will remain objective, and will present all sides of the case in a courteous and professional manner.
Mediation doesn’t always end with divorce mediation. Sometimes, couples choose to continue the discussion through a combination of traditional divorce measures. For instance, couples may attend divorce counseling sessions. The sessions generally last several hours, and there are several sessions available depending on the length of the marriage. In some instances, couples find that the sessions simply don’t work and end up filing for divorce. Although not all couples who take advantage of divorce mediation end up divorce, some do.
Traditional divorce measures rarely works well for those who wish to maintain their relationship. Some feel that it doesn’t allow them to have a meaningful conversation about their problems. For others, the monetary aspect of divorce and alimony can be daunting. For some, the separation of assets and liabilities can be overwhelming. There are also those who feel that children are best raised in a household with both parents, and traditional divorce does not allow for this.
When you hire a lawyer or a divorce mediator to help you amicably divide the property, finances, and child custody among yourselves, you’re still getting a divorce. It’s not an amicable divorce. You are separating from your spouse and having a court order issued concerning your relationship with him or her. To suggest that you can get along with your spouse without addressing the issues and money is not a good faith divorce.
In divorce cases in which one spouse seeks the assistance of an attorney mediator, the trial is generally started with the parties jointly agreeing upon child custody and other issues before a mediator begins proceedings. Once the divorce has been finalized through the use of an amicable divorce mediation, the parties must report their financial information to the Office of the Clerk at the courthouse. A certified public records clerk then reviews the information and makes a notation if the parties’ information is in agreement. If not, the parties must work out an amicable divorce settlement before a final judgment is rendered. If an amicable divorce resolution cannot be reached, the case will proceed to trial.
If you and your spouse cannot agree on key divorce issues, a divorce lawyer can help you establish an environment of mutual respect and trust during the divorce proceedings. If you and your spouse can come to mutually beneficial divorce settlements, you will have a better chance of maintaining those relationships after the divorce proceedings are complete. A divorce lawyer who helps you establish an environment of mutual respect and trust will increase your chances of having a successful divorce. If you and your spouse are unable to agree on key divorce issues, a divorce lawyer can help you get a divorce for an affordable price. A divorce lawyer will also protect your rights, ensure a fair trial, provide legal representation, and provide the necessary guidance during your divorce proceedings.
