When conflict enters a marriage, couples might have to make a difficult decision regarding their union. For some, taking the step to part ways might be in their best interest, but initiating and working through the divorce process could lead to more conflict as the divorcing couple disputes over the details of dissolution. Divorcing couples in New Mexico, as well as other states across the nation, should understand that there are many approaches to getting through a divorce, and a collaborative divorce could provide them with a timely and amicable divorce.

A recent report discussed the common misconceptions when it comes to collaborative divorce. Some professionals market the process as a peaceful resolution. Although it is a structured approach, it is not immune to emotions, stress and conflicts.

The report also discussed divorce mediation and how it works with collaborative divorce. A mediator could be part of the collaborative process, even if both parties have retained legal representation. The idea is about focusing on the needs, interest, values and goals of the clients so they can reach an agreeable divorce settlement.

The divorce process often requires the parties to make a variety of decisions. For some couples, having a detailed and structured process would help them keep the process moving forward. This means that cooperation is key so they can divide their property and assets, address any family issues and establish a financial plan. If spouses are able to cooperate and agree on the terms, it is less likely that they will need to revisit the process or seek modification.

It can be very challenging to navigate through a divorce, so divorcing spouses should be aware of their options and how each of them could benefit from them. Whether a couple chooses to litigate, mediate or utilize a collaborative approach, they should understand the benefits and downsides of each process. This could help them determine which path will serve their interests and protect their rights.

Source: Huffington Post, “‘Collaborative Divorce’ Is Collaborative in Name Only,” Mark Baer, May 15, 2014