Uncontested divorce (also known as collaborative or cooperative divorce) is a relatively new process; it is the newest method of alternative dispute resolution in family law. Collaborative divorce came about as it became increasingly clear that the legal adversarial system is not always effective for resolving personal relationship issues. Collaborative divorce is not the same as divorce mediation; mediation involves a neutral party whereas the parties in a collaborative divorce are neutral and the parties are working together to achieve a negotiated settlement.
Collaborative divorce can involve the parties first signing a contract, committing to negotiate carefully in good faith, they agree not to go to litigation, and the lawyer assisting on the uncontested divorce may have to withdraw from representation if the case goes to court, or some issues cannot be decided.
Uncontested divorce is often used where the parties have children; Traditional divorce often has the effect of scorching the earth and making future interactions contentious and difficult. No child should have to see their loved ones fight over possessions; it is inconsiderate and damaging to the children. When there are children involved the parties have to remember that the parent of their child is also going to be someone they have to deal with at least until the child becomes an adult.
In many ways a New Mexico uncontested divorce can be the best way to protect your children, as well as set an example for them that you are not going to let a divorce change how you act, or who you are.
Uncontested divorce in New Mexico is often far less expensive than a traditional divorce involving litigation. The cost of going to court always increases the price of divorce immensely. Avoiding litigation can save you both money and time.
The final major advantage of an uncontested divorce is that the parties are deciding the outcome, not being told by the court what they have to do. Terms that are collaboratively agreed on, instead of forced upon the parties, are more likely to be adhered to.
An Albuquerque family law attorney can provide more information about uncontested divorce, and help you decide if it is right for you. Please feel free to contact our Albuquerque law office, and consult with one of our New Mexico family law attorneys with any questions or concerns you may have.