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.