Albuquerque Collaborative Divorce Lawyer

Collaborative divorce is a type of alternative dispute resolution that is becoming more and more common in New Mexico. Like divorce settlement facilitation, collaborative divorce is an option that divorcing spouses may use instead of a formal adversarial divorce procedure. Unlike divorce mediation, collaborative divorce does not involve a third-party neutral decision maker.

What Is Collaborative Divorce?

In collaborative divorce, the spouses each retain a lawyer trained in collaborative divorce procedures. The attorneys and the clients all sign an agreement that they will not litigate the divorce and that they will openly share all relevant financial and other information. The attorneys agree that, if the collaborative process is unsuccessful, they will not represent the clients in any divorce litigation. This agreement helps encourage settlement.

In a collaborative divorce, the divorcing spouses share experts, which helps cut down on the costs of the divorce. If a financial professional is needed to provide an opinion regarding property division, everyone agrees on a qualified expert and accepts that expert's report. The same holds true for other types of experts who might be needed to provide opinions regarding child support, child custody or alimony; such experts might include child development specialists, vocational experts and mental health professionals.

Because collaborative divorce requires everyone to commit to settle the disputed questions rather than litigate them, a collaborative divorce can relieve divorcing spouses of a lot of stress often associated with a divorce, which can be especially positive for any children affected by the divorce.

A collaborative divorce is also more private than a formal divorce trial, which may make it appropriate in divorces in families with very high assets.

One Of The Oldest New Mexico Family Law Firms Promotes And Practices Collaborative Divorce Methods

A number of the attorneys at Atkinson & Kelsey, P.A., are active collaborative law practitioners, and for good reason: Collaborative law is a kinder, gentler approach to divorce that meets the needs of many people who do not want to do battle with a wife or husband.

Clients who opt for collaborative divorce want a reasonable, rational way to complete the legal necessities of divorce, but do not want to rip up their families in the process. They and their spouses have come to a point where they believe they must part ways through divorce. However, they do not want to destroy each other. Collaborative law levels the playing field for clients pursuing a reasonable, amicable divorce.

Uncontested Divorce With Respect

Clients who agree to this approach want to work together in pursuit of workable solutions in the essential aspects of divorce:

  • Property division that will not leave both spouses homeless and penniless
  • Child custody and visitation arrangements that will preserve healthy parent-child relationships and promote civil discourse between the separated co-parents

Collaborative divorce accomplished divorce without litigation. It requires trust and cooperation, including full disclosure of assets and debts. Both parties must agree to do what it takes to arrive at an out-of-court settlement. If the process of collaborative divorce fails, each spouse will have to get a new attorney and the entire divorce process must begin anew. Knowing this, participants in collaborative divorce have a strong incentive to work toward the goal with determination and a willingness to compromise as needed.

Rio Rancho Amicable Divorce Lawyer

We invite military families and same-sex families contemplating divorce to consider a collaborative approach to divorce litigation.

There's a kinder, gentler way to get a divorce — call the Albuquerque collaborative divorce attorneys at Atkinson & Kelsey at 505-796-6238 or write us using this online form.