Atkinson & Kelsey, P.A.
Local:505-796-6238 Toll-Free:888-350-5903
Map & Directions Menu

New Mexico divorce alternatives

The complexities of a divorce are often different from couple to couple. That being said, the same divorce method is not always effective for all divorcing spouses in New Mexico and states across the nation. It is often the emotions, goals, tone and the ability to communicate that will often shape the success of certain divorce methods. While litigation could be the most effective way some couples can reach a divorce settlement, alternative methods such as collaboration and divorce mediation can be better choices for others.

It is not uncommon for some divorcing spouses to seek ways to handle their divorce themselves. While it is important to be knowledgeable and understand the steps required in the process, it is not one that can easily and successfully be carried out completely on their own. The complex issues involved in the process might not be addressed fully or not at all. This could lead to various post-divorce issues, causing the process to be more lengthy and costly than they hoped it would be by doing the process themselves.

While litigation is a common divorce route, it is not the only option. With the use of a neutral mediator, the divorcing spouses could reach agreements on all their divorce issues. Divorce mediation is a great way for spouses to reduce expenses, while also controlling their divorce decisions. Spouses are likely to be able to voice their opinions and feelings toward certain divorce issues. A mediator could help the divorcing couple negotiate these issues and reach a successful agreement.

Although the process seeks to reach a fair divorce settlement, divorce mediation might not result in an enforceable agreement. This could be caused by failed negotiations, needing to restart the process or a poorly drafted agreement. If the process is not an effective route, the divorcing couple should consider other options such as litigation.

In some cases, divorcing couples will use two forms. A court could require a couple to attempt the mediation process prior to litigation. If the process does not result in a divorce agreement, the couple will need to continue with the litigation process. In other matters, some issues were agreed upon in mediation, but due to differing opinions, some issues needed the court to address them.

No matter what route a divorcing couple takes, they should understand the various processes available to them. Their current and future goals could help them determine what process could be most beneficial. Seeking guidance about the process could ensure that they make an appropriate and timely decision.

Source: Forbes, "The Four Divorce Alternatives," Jeff Landers, April 24, 2012

No Comments

Leave a comment
Comment Information