Nobody should have to stay in an unhappy marriage, but many couples in New Mexico may be doing just that – thinking that staying together is preferable to a drawn-out, contested divorce. Fortunately, there are several options for getting a divorce that are available today, which may not have been possible a few years ago.
For those seeking a divorce without litigation, there are two types of divorce that are becoming increasingly popular. As known as “amicable” divorces, these types of divorce are especially beneficial for couples who are able to put aside their differences to resolve their issues without arguing. However, there are advantages and limitations to each type of divorce, so it is important for each spouse to understand what may be expected of them if they take the uncontested route.
Mediation vs. collaborative vs. litigation
The two main types of amicable divorce are mediation and collaborative divorce. The Chicago Times says that uncontested divorces are becoming more popular because they can cost less than a litigated divorce, and children are often spared the conflict of watching their parents fight. The following describes how each type of divorce works:
- Mediation – During a mediated divorce, a certified mediator or attorney with experience in mediation will sit down with the couple to hopefully resolve matters in a calm, respectful discussion. This type of divorce works best for couples who can speak to each other civilly, and can keep an open mind to see both sides of the situation.
- Collaborative divorce – According to U.S. News, collaborative law can be effective for couples who have complex assets and property division or child custody disputes. Each spouse will have his or her own attorney present. Additional professionals may be consulted, such as child therapists or financial advisors.
- Litigation – Even after starting out with the best intentions, sometimes it is necessary to involve the court for divorce proceedings. However, just because a divorce goes to litigation does not mean it has to be costly or lengthy. In some cases, attorneys may be able to help spouses sort out their disagreements outside the courtroom. In any case, it may be more beneficial to have an impartial judge help with a particularly difficult dispute.
In some cases, an uncontested divorce isn’t possible. This may include cases in which alcohol or substance abuse was a factor in the marriage; if one spouse was abusive; if one spouse feels threatened or intimidated by the other; or if one spouse is at a significant financial disadvantage.
An attorney can help
No matter which divorce option you choose, an experienced family law attorney can be invaluable in helping you determine the best route to take for your particular situation.