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The Advantages of Having an Amicable Divorce

The Advantages of Having an Amicable Divorce

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Divorce Help
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Published by: shared4u2 on Jan 28, 2012
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Sadly, divorce is known to be one of the most traumatic experiences that an adult will ever have to go through, next to experiencing the death of a child. The emotional torment that many adults experience during and after divorce can have far-reaching effects in many aspects of their lives. Anything that can be done to make the process less traumatic and less expensive should be supported. An amicable divorce or uncontested divorce is one where both spouses agree on important issues such as asset division, property division, debts, child custody, visitation, child support and spousal support (if any). An amicable divorce can come easily to some couples, and not so easily to others. In any case, if a couple can work with one another long enough to set aside their differences, they will be much better off if they achieve an uncontested divorce versus a courtroom divorce. A contested divorce is the exact opposite of an uncontested divorce. With such divorces, the couple cannot agree on either a particular issue such as child custody or asset division, or they can't come to terms on many issues relating to the divorce. Unfortunately, these types of divorces take much longer than uncontested divorces and they are far more expensive. Additionally, these divorces often are forced to settle in court by the decision of a family court judge, rather than making the decisions on their own and how they would have liked. If the couple can decide on divorce mediation as an alternative to a contested divorce or if they can agree to work out their issues together, then they can save a lot of emotional distress and money in the long run. An example of an amicable divorce case is as follows: A couple has reached the decision that they wish to no longer be together. With two children, a home and many assets on the line, they worry that they will not be able to agree upon who will get to keep custody and retain the property in the divorce. The couple decides to put their emotions aside for the time being to work through an amicable or uncontested divorce so that their decisions regarding child custody, property division and asset division remain their own and not that of a judge, who may know very little about their personal situation. The couple has come to the decision regarding many important aspects with their attorney or a divorce mediator in a short period of time, and they are divorced in a quicker and less expensive manner. Furthermore, their children are less traumatized by the experience because they were able to view their parents as amicable and friendly towards each other, even in such a time of confusion and hurt. Not only are amicable divorces easier on the spouses, they are statistically much easier on any children involved. When parents are fighting during a divorce, the stress and anger frequently trickles down the children, thus affecting them directly. Many children of divorce, especially contested divorces are known to suffer emotionally. Such suffering can affect their school studies,

their relationships and their overall emotional wellbeing. As a parent, if you and your spouse can work towards an amicable divorce for the sake of the kids, you can thank yourself later. Having parents who get along can save the children a great deal of emotional turmoil for years to come. Divorces can be ugly; it is not uncommon for one parent to "poison" the other parent to their children. Before they know it, the child turns against their other parent and no longer wishes to have visits with them. This syndrome is referred to as "parental alienation syndrome" and is very real for the parents who are the victim's of such alienation. Parental alienation is very tragic, for it can have far-reaching consequences for the child and the targeted parent. It can permanently destroy the parent/child relationship leaving the parent without their child in their life and worse, the child without their mother or father. Although the child thinks they are better off without the other parent in their life, statistics have proven that quite the opposite is true. Children who have the active participation of both parents are more inclined to do better in school, stay away from drugs and alcohol and they are less likely to succumb to peer pressure. If you are getting a divorce, it may be a very good idea to set your dislike for your spouse or unwanted emotions aside for a moment and try to take a calm and reasonable approach to your divorce, especially if you and your spouse have children. If nothing less, if you and your spouse can agree to treat each other with respect and courtesy during your divorce proceedings, the chances of getting what you want in your divorce will greatly improve. As a divorcing couple, if you can set aside your differences and work towards an amicable solution amongst yourselves, you could save a fortune in litigation fees and not to mention the stress and aggravation involved in a contested divorce. Divorce litigation can be very expensive. Unless you can afford a long and drawn out legal battle, it would be in your best interests to venture into an amicable divorce. If an amicable divorce is impossible, then a highly experienced attorney can inform you of your rights and responsibilities in your divorce proceedings. Before you make any snap decisions and move out of your home, or empty the bank accounts, it's absolutely vital that you speak to an attorney first. If you make a mistake early on, it can have a negative impact on your rights to your children, your money and your other assets. A judge will not see you in a favorable light if you try to take matters into your own hands while ignoring state divorce laws. On the other hand, if you do your research and act within the law, you could be in a far more advantageous position and reach a favorable outcome in your divorce proceedings.

The Law Office of Kevin B. Gibbs is proud to represent individuals and families facing family law issues in Orange County, California. Their firm is sensitive to their client's issues and the unique qualities that each case has. They understand that some people may question whether they really need an attorney or not, in these cases they are prepared to explain the legal system and how the divorce process will affect you and your family. They want to help you achieve an amicable divorce where possible; however, when this is unrealistic, they are prepared to fight aggressively on your behalf. Whether you need help with your divorce, or a post-judgment modification, they are here to help guide you through the process. Contact an Orange County family attorney at the firm at (714) 282-2678.

Article Source: http://EzineArticles.com/?expert=Kevin_B_Gibbs

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