How to Get an Amicable Divorce
An amicable divorce is a divorce where both parties agreed to child custody, spousal and property division. When it comes to these issues, it might not always mean the former partners are actually best friends. It doesn’t necessarily mean the partners just walk into an agreement and forget all about the other person. It can mean the partners come to an agreement fairly, without full litigation and yet maintain their separate identities as married people.
One of the important things to remember when coming up with an amicable divorce, especially if children are involved, is that if there are children they will have to be witnesses to the proceedings. Therefore, this really calls for some serious thinking about how you want to separate your marriage and the lives of your children from each other. This is one of the most important steps to take when getting a divorce, so it deserves a careful look.
You may have noticed that some spouses seem to relish the idea of a separation. This may be because they believe that it allows them time to think about their options and to figure out their priorities. The fact is that most people would only have a few days, if that, to spend talking things through before deciding on a plan of action. Although an amicable divorce will allow time to the parties to think things out, the spouses will still need to consider how the marriage will be impacted by this period of time.
The fact is that it can be difficult for some spouses to separate themselves from the other person. For some, this will take several years. This can be especially true if one spouse had been the primary wage earner while the other stayed at home to raise the children. The fact is that both spouses should be considered for any amicable divorce. This is especially true if one of the partners had special needs. If the special needs spouse relies heavily on a child who is not around as much, or on a parent, then a separation may be more beneficial than if the other spouse were to stay in the family home.
In most cases, once an amicable divorce has been reached, both spouses are expected to agree on child custody and visitation. Child custody can be decided by a trial, which is usually held in a family court. If both parents live in the same household, there is usually a trial due to the fact that only one parent legally has custody of the children. Once the trial has been completed, the judge will issue a custody order that is usually backed by a shared physical custody agreement. Shared physical custody refers to both parents taking responsibility for the children.
There are also many other reasons why couples decide to go through an amicable divorce rather than a lengthy litigation process. Aside from the fact that it often costs less to split up than to fight in court, there is also less disruption to your lifestyle. You don’t have to continue to fight with your spouse over money, child support and spousal support. You can end the marriage peacefully and without spending thousands of dollars trying to put things right. Spouses who wish to end their marital relationship without causing too much stress to their children can end their marriage without spending countless hours in courtrooms. Again, an amicable divorce where the parties agree on child custody and visitation is usually the best option where these issues are concerned.
One other advantage of going through an amicable divorce mediation rather than going to court is that you get organized. During a lengthy litigation process, you never know what you will get because every case is different. When you begin to put together all of the financial documents that are required for a trial, you get overwhelmed quickly and you don’t have time to do all of this work. The added stress of appearing in court only adds to the difficulty of getting organized and preparing for a trial.
No matter what your concerns are, it is very likely that you will be able to find a good lawyer to represent your case. Many attorneys specialize in how to have an amicable divorce because they spend a lot of time working with divorce couples. If you can find a lawyer who specializes in this type of case, you will have access to professionals who are experienced in the ways of the law and how to make both sides feel satisfied with the final outcome. You may want to look around online to find a website that will show you local listings of lawyers, as well as contact information.