Atkinson & Kelsey Law Firm Blog

Unpacking divorce mediation myths

Despite it being a viable way to settle a divorce out-of-court, some individuals in Albuquerque may be reluctant to participate in divorce mediation. However, if they can look past their misgivings and consider the positive aspects of divorce mediation, they may find it is the right choice for them.

For example, sometimes if a spouse doesn’t want to divorce, he or she does not see why he or she should be a part of the mediation process. However, what they fail to recognize is that, in general, even if one spouse does not agree to it, the other spouse can still seek a divorce. Mediation allows both spouses to retain control over the divorce process, which may provide some stability during an emotionally difficult period in their lives.

Sometimes, too, a couple’s relationship is so fractured that they believe it would be next to impossible to reach an out-of-court agreement regarding their divorce. However, mediators can help couples understand their mutual interests, rather than pitting one spouse against the other. This can go a long way in creating an agreed-upon solution to their divorce issues.

In addition, just because a couple decides to mediate their divorce, this does not mean that they cannot retain an attorney to protect their rights. Each spouse can have their lawyers involved in the mediation process, so that they can understand the legalities surrounding the divorce issues they are hammering out.

Some high-asset couples may be under the impression that their finances are too complicated to be handled through mediation. However, it is possible to obtain the assistance of financial professionals, such as accountants, during mediation. In this way, when it comes to finances each spouse can understand what they’re dealing with when it comes to mediating their divorce issues.

These are only a few reasons why mediation may be the right choice for some couples in New Mexico who want to settle their divorce out-of-court. Litigation can be a lengthy, costly and emotionally stressful situation. Divorce mediation can help couples work out their divorce issues in a constructive and cost-effective manner, which may lead to a more satisfactory result.

Source: Mediate.com, “Need Help Getting Your Spouse to the Negotiating Table?,” Eileen Coen, May 2017