WHAT IS COLLABORATIVE DIVORCE?

There are different paths toward divorce.
Collaborative Divorce sets a new direction for the future.

A BETTER WAY FORWARD

Resolve Your Divorce Privately and Respectfully

In a Collaborative Divorce, a parting couple decides to keep their personal lives out of the courtroom, thereby protecting their family’s privacy. With their Collaborative Divorce team, they 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 the resources needed for you to learn more about the collaborative divorce process.

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.

01. CONTRACTING & COMMITMENT

There are many divorce resolution options: mediation, litigation, and Collaborative Divorce. Collaborative professionals are trained to help individuals or couples evaluate their options in a confidential, honest process. Once you have decided that Collaborative Divorce is a good fit for you, then you and your Collaborative professionals work together to identify your goals and values, and commit to working towards a resolution that achieves a desired settlement. A Collaborative Agreement is signed whereby you and your spouse are agreeing not to go to Court.

02. INFORMATION GATHERING

Your Collaborative Team will help you gather, organize and develop the informational background and issues of your marriage. This can range from financial and legal issues, to parental and emotional issues.

03. EDUCATION

Before the discussion possible settlement options, it’s important to understand all the facts and issues. Your Collaborative Team will spend time working you and your spouse so that everyone can move forward from the same place of understanding.

04. GENERATION OF IDEAS

Once all the information has been gathered and understood, you and your spouse will work with the Collaborative Team to brainstorm ideas for a settlement that meet your goals and values.

05. AGREEMENTS & IMPLEMENTATION

Your Collaborative Team is committed to helping you and your spouse make lasting 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 – not even the lawyers. 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 Collaborative Divorce

If the following values are important to you, Collaborative Divorce is likely to be a workable option for you and your family

COOPERATION

You value the ability to work together with your ex-partner to reach mutually beneficial outcomes.

RESPECT

You believe in maintaining dignity and respect for each other throughout the divorce process, even in difficult circumstances.

COMMUNICATION

You value open and honest communication, aiming to foster understanding and compromise rather than conflict.

EMPOWERMENT

You seek a process that empowers you to make your own decisions about your future, rather than having decisions imposed upon you by a court.

PRIVACY

You value confidentiality and prefer to keep personal matters out of the public eye, which is often a benefit of Collaborative Divorce compared to traditional litigation

CHILD-CENTERED APPROACH

You prioritize the well-being and best interests of any children involved, aiming to minimize the negative impact of divorce on them.

EFFICIENCY

You seek a streamlined and efficient process for resolving disputes, with the goal of reaching a resolution in a timely manner to move forward with your lives.

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.

The primary focus on your children when making long-term plans.

The protection of privacy since the details of your divorce will be between you and your spouse, rather than being aired publicly.

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 decisions regarding your children.

The protection of positive relationships with your children after the divorce.

And finally, the choice to prevent even more pain and anguish, which can be the result of a courtroom battle.

Alternatives to Collaborative Divorce

This is another alternative dispute resolution method, as Collaborative Divorce is, but lawyers may, or may not, be involved and there is no agreement not to go to court. A mediator is a neutral third party who helps to negotiate an agreement between you and your spouse. A mediator can acknowledge both emotional and practical concerns. If an agreement is reached, the mediator, or lawyers, may write up the agreement. It is recommended that only lawyer-mediators write up the agreements that are filed with the court. Mediators can have backgrounds as attorneys or mental health professionals. Mediation is not recommended if you feel you cannot negotiate with the same strengths as your spouse or if there is no trust that all relevant information will be shared.

If you and your spouse or partner have already agreed on property distributions, child custody issues and all other matters, you may choose not to use an attorney. For details on fees and requirements for filing for divorce in Bernalillo County contact the Second Judicial District Court, Domestic Relations Division or the Pro Se Division at: (505) 841-8151 or ( 505) 841-6702

Or visit them at the Bernalillo County Courthouse at 400 Lomas Blvd. NW, Room 277 (2nd floor), Albuquerque, NM 87102. on the web at seconddistrict.nmcourts.gov

For Santa Fe, Rio Arriba and Los Alamos counties contact the First Judicial District Court, on the web at firstdistrict.nmcourts.gov

First Judicial District Court, 100 Catron Street, Santa Fe, New Mexico 87501
(505) 476-0189

For all other counties go to: nmcourts.com

A court divorce process may be your choice if one or the other spouse is not willing to participate in a collaborative process and you have complex issues to resolve. Typically you would contact a divorce or family law attorney to determine if their services meet your needs and budget. If you file, the other party will be served with divorce papers. Eventually, your case may be sent to court, with your attorney representing you. A judge would make final legal determinations. Also see www.nmcourts.com.