Landon KellyMost of us believe that amicable divorce, which means divorce peacefully, is just a myth perpetuated by greedy people in the media. But the funny thing is that amicable divorce is actually a reality for the majority of divorce cases these days. But only when you understand what exactly one is and what you have to do in order to get one.
To begin, let’s test your knowledge with the question, “what is amicable divorce.” In an amicable divorce, both parties reach agreement on all aspects of the divorce process. This includes the division of property, child custody and spousal support (if applicable). Also, no physical or emotional violence is involved and there is no ill-treatment or intimidation involved. However, both parties must agree on all aspects before a court can officially accept the terms of the divorce.
So how do you accomplish this? The answer lies in having a strong communication and relationship with the person you are divorcing from. If you and your spouse can work on the big picture and set aside all of your differences, then you will be able to achieve an amicable divorce peacefully.
The biggest key to getting an amicable divorce is communication. The best way to communicate with your spouse is through open and honest communication. You can do this through many channels, such as your attorney, a counselor, your children’s school, and other trusted friends and family members. Once you begin communicating with each other, keep the lines of communication open. This can include regular visits to set your thoughts straight and allow room for compromise. If your husband wants to go on a cruise, for instance, then you will need to let him know that and discuss it with him, if at all possible.
Another way to help achieve an amicable divorce is through the use of mediation. Mediation is an excellent alternative to the traditional courtroom system and the use of attorneys. Many attorneys believe that mediation is much more effective than lawsuits, but some may differ. If you are going through a divorce process, the last thing that you want to do is to end up in court and have a heated debate with your ex-spouse. By using the services of an attorney, you will be able to avoid all of these arguments and meetings where you might get angry and start verbally attacking your spouse.
Although, most attorneys believe that the benefits of mediation, there are also some who do not. If you are one of those people, then you may want to consider co-mediation. Co-mediation is when one party hires a professional to mediate a divorce agreement between both parties. The benefit to using a professional mediator versus amicable divorce is that the divorce can go much smoother because the mediator can provide the unity that many divorcing couples need to make the process easier on themselves and their children.
Although, many divorcing amicable couples have gone this route, it is not a perfect solution for everyone. It helps to at least have an objective third party present during the divorce process, which can offer unbiased advice and give input about what will not work. Divorce attorneys can also offer their own opinion, but there are some attorneys who do not like to offer their own opinion unless they feel that it has merit. This is why it is better to use co-mediation instead of amicable divorce.
When choosing the right divorce amicable divorce process, your family law attorney can provide you with the experience that you need to make sure that everything goes smoothly. Divorce lawyers understand all aspects of family law and are not afraid to discuss any concerns that you have. Your attorney can help to mediate the amicable divorce amicably if that is what you want, or they can offer their own suggestions to make the divorce amicable. Divorce attorneys know how the law works and can make the process go as smoothly as possible. If you are considering a divorce amicably, contact a family law attorney today!