What is an Amicable Divorce; most people believe that divorce is a myth. But the better news is that it is very possible. But only if you understand what exactly one looks like and how you should go about obtaining one. It’s important to take the right approach for the best outcome.
An amicable divorce process takes place when both parties are willing to compromise. This can be accomplished through various different methods. If you have a good relationship with your spouse then most likely an attorney will be the right professional to represent you. They will have experience in family law and know how to get the desired results for you.
If this isn’t the case and you are in a difficult position, then perhaps a good faith attempt at amicable divorce will be a good way to go about the process. A good faith agreement is considered a fair process because both parties enter into it voluntarily. Under this type of agreement, both parties meet with a neutral third party, or a mediator, to discuss the details of the divorce process. The mediator is trained to help you come to an agreement on how to divide your assets and other financial matters.
Another option when attempting an amicable divorce is through litigation. Litigation typically occurs when you are unable to come to an agreement regarding issues such as divorce alimony, child support, property division, and other issues. In these instances, either party may file their own lawsuit to pursue their own goals for judgment against the other party. There are many advantages to litigation including having a chance to be heard by the court, the possibility of winning the case, and the ability to move forward to resolve any issues before the case gets too far along.
Unfortunately, there are also many couples who don’t find success with litigation as they may not have the financial means to pursue a case in court. Because of this, many couples choose to try amicable divorce mediators. With this method, both parties meet with a neutral third party, or a mediator. They then work out an agreement in writing, as opposed to a written agreement that the court would approve. However, this type of mediation does not eliminate the need for a trial; it may only lessen the time needed to decide the matter.
There are other couples who still opt for litigation after all of the talking and negotiations have failed. When this happens, the couple may enter into arbitration or collaborative divorce. Arbitration involves the courts resolving any disputes that have arisen during the divorce process. For couples who don’t wish to enter into formal arbitration or who decide that divorce is too complex, collaborative divorce allows them to resolve their differences privately.
Many couples who are having difficult divorces decide to hire divorce attorneys. Divorce attorneys are professionals who help couples through the divorce process. In some cases, divorce attorneys work on a contingency fee basis, which means that they only get paid if they win the divorce settlement and are able to collect on the settlement. However, many couples who are unable to settle their issues with the help of divorce attorneys opt for a no-win no-fee arrangement.
No matter what method of divorce settlement is chosen, both parties should meet with their divorce attorneys before proceeding. It is important for them to discuss the stipulations of the settlement, such as what will be included and how payments will be calculated. This discussion is extremely important because it will help avoid future arguments over the settlement and ensure that everyone agrees with the terms of the settlement. It may also help avoid disagreements regarding the division of any assets or child support. No matter what method of settlement is chosen, both parties must make sure that they are getting the best deal possible.