by Emma L. WhitleyThe Benefits of Collaborative Divorce
Traditionally, when spouses wished to obtain a divorce, each would hire an attorney and they would litigate the matter in court with a judge settling any disputes. This method of pursuing a divorce is still available and, sometimes, it is the only way to proceed. If, however, you and your spouse are willing and able to cooperate with each other toward resolving issues, it is often possible to avoid acrimony and to minimize costs at the same time.
Mediation is one alternative to traditional divorce. If you choose to go this route, you and your spouse would have a series of meetings with a neutral third-party mediator. The mediator helps you negotiate a mutually satisfactory agreement. Because the mediator is neutral, they will not take sides and, importantly, will not reach a decision for you. Any final result that comes from mediation will be the result of an agreement between you and your spouse.
Another way to avoid litigation is to engage in the process known as “collaborative divorce.” In a collaborative divorce, you and your spouse each retain a lawyer trained in collaborative divorce procedures. You, your spouse, and your attorneys will sign a Participation Agreement. In that Agreement, you and your spouse promise to use your sincere efforts to reach mutually beneficial solutions to your conflicts; to be open and honest in your discussions; and to disclose all information that is relevant to the issues. The attorneys will agree to assist you in resolving your issues through cooperation, rather than through adverse strategies or litigation. If the process is successful, legal fees are significantly reduced as the attorneys do not spend time preparing for and engaging in in-court argument. However, if a settlement is not reached, the option of a traditional divorce is available. Should this occur, both lawyers will step away from the proceedings and do not represent either side in litigation.
Other participants necessary to the divorce process, such as financial experts, child development specialists, mental health professionals, and the like, will be hired as “shared” experts. You and your spouse will select these professionals jointly and agree to accept their recommendations. The expert will have no incentive to favor either side as their fee is being paid by both of you. Not only does paying for only one expert instead of two reduce costs, but legal fees, generated by attorneys arguing over which expert is correct, are also avoided.
If you and your spouse choose a collaborative divorce, you will have the benefit of being guided by attorneys who are committed from the moment they are hired to seeing you through to a successful settlement of your case. The attorneys at Armstrong, Roth, Whitley, Johnstone believe that litigation should be a last resort. All have been formally trained in collaborative divorce and have well over a decade of experience in collaborative practice. ARWJ’s attorneys are members of the International Academy of Collaborative Professionals and the New Mexico Collaborative Practice Group (NMCPG). Meredith Johnstone is a past President of NMCPG and Emma Whitley is currently on its Board of Directors. Because of their commitment to, and years of experience in, this alternative to litigation, ARWJ’s attorneys have the skill and expertise to achieve a favorable settlement for you though the collaborative divorce process.
by Jessica C. RothCommunications Technology & Family Law
Not very many years ago, the idea that people would routinely communicate with one another via a video screen was dismissed as “a good idea that won’t happen anytime soon.” Today, it is not just a reality, it is a commonplace thing. Although telephonic and video conferencing technology has been available for some time, most people did not have occasion to make use of it in their daily lives. In fact, prior to the COVID-19 pandemic and the resulting government imposition of “stay-at-home” orders, many people had never even heard of platforms such as “Zoom,” “Microsoft Teams” and “Google Meet.” However, once the requirements of “social distancing” became a reality, use of this technology became essential to one’s ability to work, learn, do business, receive medical care, and access the legal system. Even people who have never had reason to use the technology now know what a “Zoom meeting” is.
Many courts across the country began using video and telephone conferencing technology to conduct business during the COVID-19 pandemic. Although the pandemic has long since been declared over, New Mexico courts have continued to conduct almost all proceedings by telephone or video conference. There are, of course, some exceptions. For example, emergency motions, evidentiary, guardianship, domestic violence, and some child custody hearings are all conducted in person. However, by and large, appearing by telephone or video has become the norm in New Mexico courts. It does not appear that this will change any time soon. In fact, in late 2023, the Eleventh Judicial District Court – which covers McKinley and San Juan Counties – collaborated with public and private entities to establish “justice stations” in some communities in northwestern New Mexico. By using these “justice station” computers, which are located in libraries and community centers, people without internet connections in their homes or who lack reliable cell phone service are able to conduct business in the magistrate court. Plans are in the works for justice stations to be installed in more public areas, including homeless shelters, throughout the district.
Allowing individuals to appear in court by telephone or video makes the legal system more convenient, secure, and accessible for everyone. Among the many benefits:
Individuals no longer have to spend time and money traveling to a courthouse to attend a proceeding;
- It is not necessary to take an entire day off from work or to find and pay for all-day childcare in order to attend court;
- Attorneys do not have to travel to and from court and spend time waiting for their cases to be heard, so hourly legal fees are reduced;
- Contentious litigants do not have to appear together in the same place while tempers may be running high, thus reducing the potential for confrontation or violence;
- The feelings of intimidation that some people experience when required to appear before a judge is greatly reduced.
As unlikely as it may seem, the adoption of videoconferencing to make accessing the court system more convenient and less costly for the public may prove to be an unexpected, lasting benefit arising from the events of 2020. The recent practice of permitting virtual appearances for proceedings allows Armstrong, Roth, Whitley, Johnstone to represent clients with cases being handled in any court, no matter how far from their office in Albuquerque a court might be. ARWJ can also conduct initial consultations, and most other necessary communications with their clients, by telephone, or will also accommodate a client who prefers to meet in person.