Amicable Divorce Procedures
Most folks believe that amicable divorce, which means divorce peacefully, is simply a myth perpetuated by the media. But the news isn’t lying; it’s just reporting the facts. However, only if you understand what one actually looks like and what you have to do in order to obtain one. To begin, let’s test your knowledge with this question: what exactly is amicable divorce?
Generally speaking, it is when both parties are amicable to one another, and both parties are able to communicate with each other in a normal fashion after the divorce. The amicable divorce mediator is either a divorce attorney or a trained mediator. When using the services of a divorce mediator, the divorce attorney is present and has an opportunity to question both sides for information, and then make suggestions as to what will work best in the case. As far as the amicable divorce mediator themselves go, they are professionally trained individuals who have experience in these types of negotiations.
Sometimes, the amicable divorce occurs after a divorce proceeding has already begun in family court. This happens when the divorce attorney makes an offer of divorce to one of the spouses. If accepted, the offer is presented to the court and is put into writing. It is then read by the judge and given to the parties for their individual consideration. It is not filed in family court, but is rather filed with the lower court, usually the county where the parties reside.
Family law courts are staffed with divorce mediators. They serve the purpose of ensuring that all sides are able to communicate freely and that an agreement is reached. Mediation can be conducted before the hearing even takes place in the courtroom, before the mediator interviews the parties, during the actual hearing, or after the mediator has spoken with the parties and reached an agreement. Once the agreement is reached, the mediator then files it in the appropriate court and the parties are notified of the filing.
There are several ways in which an amicable divorce can be achieved. One of these ways is by conducting a settlement over the phone, or on the internet. Such settlements may be accomplished before or after court is required and involve both spouses, although they do occur more frequently where one spouse is seeking a full divorce from the other.
Another way in which amicable divorce proceedings can take place is by using pre-filing documents. These documents, which have everything to do with banking accounts and assets, for example, must be filed with the court where the divorce is taking place, as well as the county where the parties live. These pre-filed documents will serve as proof that they were prepared at the request of the parties involved in the divorce proceedings, so that they can be used in court if the case proceeds to trial.
The third way in which divorces can be amicable is by using mediation. In this process, the parties actually sit down with a licensed professional who will assist them in communicating and getting their own messages across. Mediation is often helpful because it allows the parties to remain calm during the process. Many times, divorce mediation is one of the deciding factors in a peaceful divorce amicably. Divorce mediation is usually successful in getting both parties to reach an agreement on most issues, especially those that involve money.
A fourth way to achieve amicable divorce proceedings is to work with your spouse to create a life with mutual respect, happiness, love, and trust. This is often referred to as a good co-parenting relationship. In order to succeed in creating a good co-parenting relationship, you need to take a look at how the divorce proceedings have affected your marriage and your child. If you and your spouse are no longer living harmoniously but are still having difficulties communicating or benefiting from the divorce proceedings, you may want to consider entering into a good faith negotiation. In a good faith negotiation, both sides enter into mutually beneficial divorce proceedings with the goal of helping you get your divorce proceedings to a conclusion that is best for everyone.
