Collaborative Divorce in Albuquerque
Collaborative divorce is the latest practice of alternative dispute resolution in family law. It is the method which attorneys for both sides agree to assist the clients so that conflicts can be resolved by using cooperative tactics rather than adverse litigation or strategies. Everyone involved is committed to achieving a mediated outcome. It is agreed by all parties that no litigation will be entered upon during negotiations. The collaborative process can be used to facilitate a broad range of other family issues, including disputes between parents and the drawing up of pre and post-marital contracts.
The attorneys and clients agree to a Participation Agreement meaning if a settlement is not reached, the lawyers will step away from the proceedings and not participate in any upcoming litigation.
The Participation Agreement usually contains provisions like:
- Both parties will rely on their attorneys to help them reach a settlement.
- 3rd party or special experts may be retained to help with child custody, financial matters, etc.
- Both parties will agree any issues will be settled in a non-adversarial manner that is fair to everyone.
- Both parties will act in their child’s best interest to minimize emotional damage and promote the relationships between child and spouse as a result of the separation.
- Specific reasons for withdrawing from the process.
- Communication between all parties during the separation will be constructive and fair and will not profit from errors made by the other party.
All original agreements regarding assets, insurance, or children cannot be changed without both parties being in agreement.
Divorce litigation is rightly infamous for both its expense and its delays. Now there is an alternative in New Mexico: collaborative divorce. Designed to help divorcing couples avoid the challenges, expense and frustrations of divorce litigation, a collaborative divorce can help them reach lasting solutions with integrity and civility.
The greatest element of collaborative divorce is that the attorneys commit to manage all issues fairly and with everyone’s best interest at heart.