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Divorce Litigation Might Not Be Your Best Solution

Divorce Litigation Might Not Be Your Best Solution. Here’s why.

We all know someone who has struggled through a bitter divorce and heard the nasty stories. But for all the stories, it is much better to avoid divorce litigation if possible.

Having a divorce case resolved in court is expensive, time consuming, and gives up control of most decisions about your life to a third party. It is much, much better to work out differences with a mediator or negotiator if you and your spouse are unable to agree.

There are three major methods to the divorce process and sometimes a divorce can include all three! A quick look at the numbers show very few divorce cases ever go to court. You should be aware what when you hire an attorney, they will typically prepare for a court case so they are ready if the need arises.

In a court case both attorneys present evidence. then the judge or arbitrator makes their decision and you both live by it.

Fortunately, you do have options.

  • Collaborative divorce. Each spouse retains a specially trained attorney who then builds a team of people to help work through the process. These people might include child specialists, divorce coaches, and financial specialists.
  • Mediation. In this process you both agree to a neutral third party mediator to help you reach an agreement. Each of you might also retain attorneys to participate or guide you through the process and provide legal advice.
  • Settlement Facilitation. Settlement is a slightly less formal form of mediation where each of your attorneys is present and a facilitator guides the discussion and helps from an agreement with your attorney’s input.

Out of court options are less expensive, take less time, and are less adversarial than a litigated divorce. If divorce litigation is required, or if you need mediation or facilitation help, we are standing by ready to offer some of the best professional advice you can expect.

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New Mexico Financial Law, PC

320 Gold Ave, SW
Suite 1401
Albuquerque, NM 87102

(505) 503-1637

IMPORTANT: Free consultations only apply for Chapter 7 and Chapter 13 bankruptcy, or similar.