Atkinson & Kelsey Law Firm Blog

What choices do couples in a divorce have for an amicable split?

It may be the case that a couple thinks the only way they can divorce is by duking it out with bulldog attorneys in the courtroom. However, the end result of divorce litigation comes at a price, emotionally and financially. Rather than trying to punish one’s ex, other more cooperative methods of divorce resolution may be a possibility for couples in New Mexico who want to part ways in a more positive manner.

One option is divorce mediation. The popularity of mediation has gone up in recent years. Couples and their respective attorneys can enlist the service of a mediator, who is a neutral party who serves as a facilitator for the couple to resolve their divorce legal issues. Some of these issues may include child custody, child support, spousal support and asset division. The end result of mediation may be an agreement that is mutually satisfactory to both parties. Mediation can also provide a couple with the privacy they would not be afforded if their divorce was litigated, and in some cases mediation can also save time and money.

Another option for couples that want to divorce but are on reasonably good terms with one another is an uncontested divorce. An uncontested divorce may be especially appealing to couples with children, if they can set their emotions about each other aside so that their primary focus was on their child. Uncontested divorces can often reap a successful resolution if each spouse has a clear idea of all their assets and their spouse’s assets — both marital and separate.

In the end, divorce does not always need to be an adversarial process. For some couples, mediation or an uncontested divorce may be an option that is particularly appealing if they are aiming for an amicable split.

Source: AL.com, “Considering divorce? Consider your options,” Stewart Welch, July 5, 2016