Amicable Divorce: An amicable divorce process through which the parties enter into a mutually beneficial agreement to resolve their legal matter between them without the intervention of lawyers, mediators or other professionals. It is an agreement that is reached amicably between the two parties without the use of courts. It is usually signed on paper of a notary public. Divorce mediation is a session that is used to discuss the terms of the divorce amicably with the two parties. A divorce mediator may also be employed by either or both of the parties to assist them in communicating and negotiating with one another.
The concept of amicable divorce implies that the parties are able to enter into a legally binding agreement regarding the terms of their divorce without the use of the legal system. When couples decide that they would rather divide their marriage amicably prior to entering into a marriage contract they are exercising their legal rights. A divorce attorney will often represent one party in court proceedings and facilitate the amicable divorce in the divorce decree. The parties are entitled to legal rights based on the state divorce law.
If both parties are unable to agree on the terms of the divorce, then a neutral third party may be appointed to mediate the matter. An amicable divorce mediator is someone who is professionally trained to assist the mediation process. A divorce mediator will act as a neutral third party to help communicate the needs of both parties to one another. They are trained in talking with both parties to achieve an amicable solution to the issues.
One of the key issues that often precludes couples from amicable divorce is property division. In an amicable divorce, both spouses may agree that they do not want to divide their marital property during the divorce. Some couples may also choose to divide their property between themselves prior to marriage.
In an amicable divorce, it is normally helpful if the parties can agree on the major issue of child custody. Both parents should be willing to discuss the best interests of the children before deciding what is in the best interest of the child. At the time the parents are negotiating, divorce mediation usually takes place. In divorce mediation, both parties meet with a neutral third party, who assists them in communicating their agreement.
The process of amicable divorce mediation can be very helpful for the spouses that wish to get divorced but may be having an extremely difficult time communicating with each other. Mediation is a great way to get the two people talking to one another without any outside interruption. During the amicable divorce mediation the mediator helps address any underlying issues so that they do not continue to negatively affect the divorce process. The divorce mediation is also helpful because it gives the ex-spouse a chance to speak openly about the issues that have been holding them back from getting the divorce they deserve. The spouses may want to bring up the issues about which they are angry but will need to be careful to not use the discussion as a way to bash or belittle the spouse.
If a marriage is having difficulties and is starting to become difficult to handle, divorce litigation is often the only option available. No matter what your reasons are, litigation is not always a good idea. There are many arguments that can be resolved during mediation rather than through the court system. For example, there are some personal issues involved in every marriage that cannot be handled peacefully. A good divorce lawyer would be able to help you resolve any of these issues before you even begin to file for divorce.
Separation amicably is much quicker and less expensive than litigation. There are also no pain and suffering involved in a separation. Often the separation process will take two or three months if the two parties are able to work together well. A marital settlement agreement is the best possible solution for people who need divorce mediation. Once both parties reach an agreement, they can move forward with it in a much more relaxed manner.