Not all divorces can be done by either mediation or collaborative practice, for a variety of reasons.
Litigation is the “default” process for any divorce. It only takes one spouse to get a litigated divorce started. Litigation procedures have existed for centuries and continue to be refined.
Some want their “Day in court”, others depend on a litigated divorce to make it happen, even if the other spouse is unwilling to talk or otherwise work through the issues in a sensible way.
Your divorce will likely require that you work through a core set of topics, such as child custody and timeshare schedules, asset and
debt allocation, and often child and spousal support. In normal times, discussing these topics might be challenging. But in the throes of a divorce, these discussions are peppered with long-developed conflict patterns, imbalanced power dynamics, and emotional needs and expressions that often complicate our decision-making abilities.
Some cases involve complex assets, including family businesses and significant asset portfolios. Such marital estates require both the ability to understand financial nuances and the creativity to develop settlement packages that will satisfy New Mexico’s laws on community and separate property and meet the divorcing couples’ differing interests.
With whatever unique mix of elements that your divorce presents, The Shoemaker Law Firm can advise and guide you through the different choices of divorce processes and as well as the various legal and practical options that are available to you to help you on make this important. The Shoemaker law firm offers the option of assisting you through a Litigated, Collaborative or Mediated divorce.