Amicable Divorce: A divorce procedure in which the parties enter into an agreement, with the help of lawyers, mediators, and other professionals regarding their settlement, but yet agree not to have a judge decide their fate. Mediation can be a very effective way to settle divorce matters amicably. It involves the parties with their attorneys, divorce attorneys and relevant experts, meeting with the mediator(s) for the purpose of discussing the terms of the divorce agreement. Once both sides reach an agreement, they will submit their documents to the mediator who will then mediate the agreement and take it to the courts for approval.
The goal of the divorce mediator is to find an amicable resolution to the divorce agreement. The mediator may use any methods to arrive at this, such as interviews with each party, a review of documents, talking to the children, asking questions, and so on. If you choose the mediation process, as most people do, you will want to select a divorce mediator that is experienced in family law. There are some helpful guidelines to consider when selecting a divorce mediator. When you choose a mediator, here are a few things to look for to ensure that you get the best divorce mediator to help you settle your divorce.
* Find someone who is not affiliated with either one of the attorneys or one of the parties. If you go to one of the attorneys or the party, chances are that he or she will try to influence the mediator to reach an amicable divorce agreement. Because of this, be sure to choose a divorce mediator who does not work for either the attorneys or the party. If the attorneys are involved in the divorce process, the divorce mediator should also not be affiliated with the same attorneys or the party. If possible select a neutral third party.
* Establish an environment of mutual respect and trust. A key element in an amicable divorce involves establishing trust between the divorcing parties. Without trust, the amicable process will be quite difficult because each party will question the other’s motivations. It is important for the divorcing spouses to be comfortable with each other while trying to discuss issues about the division of their assets, dividing their properties, child support, alimony, and so on. A good start to create an environment of mutual respect and trust would be for each party to open up one or two bank accounts for the other spouse to access prior to the divorce.
* Have realistic expectations. Although it may seem like the ideal situation, an amicable divorce does not always mean a simple divorce. The divorce process can become quite complex, especially if there are children involved, so it is important for each spouse to have realistic expectations for the outcome of the divorce and how long it will take.
* Think mutually. Another way to achieve an amicable divorce is to come to terms with issues regarding the divorce process, including custody and visitation rights. In order to come to mutually beneficial agreements, both parties should be able to present their individual ideas and opinions to the court. A family law attorney who has experience with family law proceedings may be able to offer valuable advice concerning these matters.
* Work with your spouse. Once you have decided to achieve an amicable divorce amicably, you and your spouse must come to terms regarding how you will co-parent your children during the divorce process and after the divorce. This is often a time when people can be hostile, so having a neutral third party in the process can help to defuse some of the tension between you and your spouse. During the divorce amicable process, your children are likely to benefit from being kept in the loop and not having their parents fighting over their children.
Although you can get a divorce peacefully, it is important to remember that it will take work on your part. During the divorce amicable process, both parties should be willing to cooperate with one another, and reach an agreement that respects the legalities and financial concerns involved in the marriage. If at any point, you and your partner are not getting along, try talking to a neutral third party and see if you can work through your problems without involving the court system. If your marriage does not improve as a result of your discussions, then you may need to seek professional legal help. If the amicable divorce process doesn’t resolve all of the differences that led to the marriage, then divorce mediation and arbitration can be utilized to resolve these differences so both parties can move on with their lives.