Collaborative Divorce in New Mexico
In a collaborative divorce, a parting couple decides to keep their personal lives out of the courtroom, thereby protecting their family’s privacy. With a collaborative divorce team and an attorney from NM Divorce & Custody Law LLC, couples work together respectfully to make wise decisions for everyone involved – themselves, their children, their families and even their pets!
The members of the New Mexico Collaborative Practice Group (NMCPG) help people move forward with their lives by providing a more personalized, positive divorce experience with long-term benefits to children and the parties. Our collaborative divorce professionals are committed to providing you with services you need.
What is Collaborative Divorce?
A collaborative divorce can have many advantages over a court-based divorce:
- The ability to move on with your life as quickly as you and your spouse agree, rather than waiting for a court date.
- The opportunity to be in control of your own future without regard to who has the most assertive attorney.
- The ability to decide custody and financial issues jointly with long-term child development and financial advice.
- The power to move forward with your lives with a focus on the future.
- The chance to save money because a collaborative divorce can cost less than a court divorce, while providing enhanced value.
- The protection of privacy since the details of your divorce will be between you and your spouse, rather than being aired publicly.
- The primary focus on your children when making long-term plans.
- The focus on a mutually-beneficial outcome through a financial settlement that takes into account the well-being of both parties.
- The intention to remain on good terms with your former partner or spouse by reducing animosity when making decision regarding your children.
- The protection of positive relationships with your children after the divorce.
- The choice to prevent even more pain and anguish, which can be the result of a courtroom battle.
How does it Work?
Collaborative divorce resolves issues through constructive discussions and non-confrontational meetings with partners and their attorneys and team members. The collaborative process requires honesty by both spouses to provide all relevant documents and information relating to their issues. The collaborative process includes the use of specialists if their expertise is necessary to resolve issues.
Teams can include professionals such as financial professionals, mental health professionals, mediators and child development specialists. Both spouses and their collaborative team work together toward a shared resolution that recognizes their individual rights and accommodates the needs of their children.
If for some reason the collaborative divorce process comes to an end and the divorce heads to court, both parties release their collaborative teams and hire new attorneys and perhaps other professionals for courtroom proceedings.
Steps in the Collaborative Process
The process for a collaborative divorce has several steps that should be taken in order to make it a success:
- Initial Decisions – If you are experiencing marital difficulties, there are many decisions to make. Collaborative professionals are trained to help individuals or couples evaluate their options in a confidential, honest process. Consult with a lawyer or mental health professional for help with these initial decisions.
- Beginning the Process – If you decide to proceed with a divorce or separation, collaborative professionals work with you to plan our process from start to finish.
- Negotiation – Collaborative professionals will train you in communication and help you break through impasses. If you are experiencing barriers to resolving issues, our professionals can help with financial, parenting, support and other issues.
- Agreements – Collaborative professionals are committed to helping couples make real agreements that both parties can live with and are beneficial to all family members, including children. Marital Settlement Agreements and Parenting Plans are written and filed with the Court in this step, although, nobody appears in Court – even the lawyers.
- After the Divorce – Most families need guidance in implementing and managing their divorce agreements as time goes on. Collaborative professionals can help you adjust to your new family structure and help resolve difficulties you experience over time.
Why Choose a Collaborative Divorce?
If the following values are important to you, collaborative divorce is likely to be a workable option for you and your family:
- I want to maintain a tone of respect, even when we disagree.
- I want to prioritize the needs of our children.
- My needs and those of my spouse require equal consideration, and I will listen objectively.
- I believe that working creatively and cooperatively solve issues.
- It is important to reach beyond today’s frustration and pain to plan for the future.
- I can behave ethically toward my spouse.
- I choose to maintain control of the divorce process with my spouse and not relegate it to the courts.
Does this path sound and feel comfortable for you? We suggest that you talk to a collaborative lawyer, divorce coach, child specialist or financial professional about your situation to help you make the best decision for you and your family.
The above excerpts are taken from the New Mexico Collaborative Practice website found at www.nmcollaborativedivorce.org.
Contact NM Divorce & Custody Law LLC for Divorce Mediation in New Mexico
The lawyer at NM Divorce & Custody Law LLC specialize in collaborative divorce. Mary Ann R. Burmester is a member of the national and international collaborative practices. As a divorce lawyer for more than 25 years, she has experience drafting court documents and acting as a neutral mediator between both parties. Ms. Burmester takes a practical approach, acknowledging limited resources and negotiates or mediates on your behalf. Contact our office today and see how we can help you move on.