Divorce in Albuquerque is one of the most difficult and sensitive times for New Mexican families.
Our goal at The Law Office of Anthony Griego LLC is to help our clients through their divorce and make the process as caring and seamless as we can so that you can heal from your pain.
That includes also our divorce attorney in Albuquerque who offers uncontested divorce.
Call us today at 505-502-3110 to set up a Initial Consultation!
Uncontested Divorce in Albuquerque
Uncontested divorce is a forward-thinking, client-oriented way of handling family law-related issues at the time of divorce.
Both parties and their lawyers use a collaborative, non-combative approach to achieve a resolution acceptable to both sides. This approach is designed to reduce the emotional and financial burden frequently connected with court litigation, while promoting open communication and cooperation.
When you have an uncontested divorce, both you and your spouse make a promise not to take the matter to court or involve the courts in any way. If either goes to one of the latter, untangled divorce sessions will stop.
Common Features of Uncontested Divorces
Although there are some slight differences in the steps for uncontested divorce’s among states, there are several key things to keep in mind throughout this legal process, such as:
Voluntary participation – The parties have voluntarily opted for the uncontested process and they are working together to reach an agreement
Open communication – The parties are committed to communicating openly and honestly in order to develop an environment of trust
Negotiation and problem-solving – Both parties working together to arrive at mutually acceptable solutions with the help of their attorneys, and sometimes other collaborative professionals.
Multidisciplinary approach – This may involve other professionals, such as financial advisors or accountants and mental health experts and child specialists who bring their respective areas of expertise to bear upon parting within the former family couple. This way, comprehensive settlement can be achieved concerning financial planning and custody of children.
Client-focused process – in which the attorney serves as an advocate on behalf of a client during the uncontested facet so that their interests are protected
Future-Focused Negotiation – another way that uncontested divorce can be good for all involved is that it allows the parties to consider their future instead of rehashing what upset them in the past
Information disclosed during the uncontested divorce process, a.k.a. privileged and confidential information is not admissible in court if the uncontested process fails and litigation proves to be necessary.
Personalized solutions – It also allows for more creativity and personalized solutions that may fit the situation of the parties better.
Focus on psychological health – which means process professionals support the emotions of change for the parties.
Separate representation – which consists of each party holding their own attorney – they cannot have the same counsel as the shared attorney may not be able to focus solely on one person’s best interest
Knowing the basics behind this particular option can be useful for determining if it is what you will go forward for what becomes your own unique set of circumstances. Call our Nevada uncontested divorce lawyer to discuss your situation and receive sound advice about whether applying for an uncontested divorce is a suitable option for your divorce.
Uncontested Divorce Process
The essence of uncontested divorce procedure in Nevada is never the same as litigation for divorce.
To open, both parties in a divorce must first agree that they are capable: and willing to negotiate with an openness of mind and in a mutual effort to reach agreement.
On this, the next step is hiring other attorney for both parties’ interests. It is inescapable that these divorce attorneys will have to be knowledgeable about the uncontested divorce system.
Next, goals must be established. Each party needs to determine what they are willing to agree to with their lawyers and how certain things will be resolved (Spousal Support, child support, child custody, visitation rights, division of assets or debts and retirement accounts).
It is important to understand that uncontested divorce does not mean all issues must be resolved this way in order to achieve a successful outcome. Disputes can be renegotiated or litigated later.
After the goals have been set, your lawyer will then work towards that goal both on their behalf and in assisting you and the other party meet a common agreement. For example, a child therapist and a financial planner can help both sides see (and act on) what’s possible long-term — in other words, clarify the big picture and consequences of actions.
The uncontested divorce process is essentially a series of meetings with the parties and their attorneys (and occasionally expert) for candor about all manner of subjects. Each meeting must yield some progress, otherwise the parties and their attorneys will become discouraged and lose confidence in the negotiation.
Once an agreement on everything has been reached, the lawyers will inform you of what is agreed upon and they will draw up a written document that everyone signs. Then, a judge will review it. If the judge accepts the terms, they will sign the agreement and it becomes an order of the court.
When Uncontested Divorce in Albuquerque Fits Best
Uncontested divorce isn’t right for every situation, such as when one spouse is being abused or when there are power imbalances, or if one partner does not want to participate in a good faith effort to resolve the matter amicably. It can be a very useful technique, though, when:
Each party is bound to a friendly settlement
The parties don’t want to destroy relationships (for children or for status within their community)
Some financial issues exist (EG, the use of financial consultants and other experts is possible, and expenses may be allocated).
Call our divorce attorney at 505-502-3110 today to see if an uncontested divorce could be right for you.
Pros and Cons of Uncontested Divorce in Albuquerque
There are many reasons why both parties can benefit from an uncontested divorce other than just avoiding a trial. Uncontested divorce is:
It is empowering in that the parties themselves make themselves, their own futures- they don’t leave it up to a judge.
Private, that way since court records are public parties could still maintain their confidentiality
Financially efficient as it generally involves less court and legal proceedings with the fees of a third party shared by both parties
Cost-effective since you can schedule in a manner that will fit your calendar, not a busy courtroom calendar
The reason your situation is an expedited one is, the parties are in a better frame of mind to negotiate and sort their stuff out faster
Downside to uncontested divorce – even if the parties fail to find common ground. Plus, an uncontested divorce only works if both of the parties are truthful and actually want negotiations to go well. Without buy-in on both ends of that bargain, the process doesn’t have much promise to begin with.
Five Tips for an Uncontested Divorce in Albuquerque
At The Jacks Law Group we put you first. We strive to protect your interests and rights during a divorce, and we handle it in a way that is best for you. For most, an uncontested divorce represents this hope. To make sure you succeed, here are fives thing to look into before opting for an uncontested divorce.
Be open and honest with everyone.
Look for a practitioner who has some expertise in or experience with uncontested divorce.
Resist making a hard and fast stand on any particular issue and instead concentrate on what interests you or serves your best interests.
Be prepared to compromise in the best interests of both you and any children involved.
Establish a timeline for the divorce process to keep it moving forward without lingering over any one issue.
And lest we forget, uncontested divorce does not equal mediation. While there’s a fair amount of negotiation in both, mediation requires a third (neutral) party to act as mediator.
The path to your divorce is going to vary depending on the facts, so it’s always a good idea to speak with our family law attorney and talk about your case, what scares you, what interests you and anything else particular in order to evaluate which route is best for you.
Contact an Uncontested Divorce Lawyer in Albuquerque Today
At The Law Office of Anthony Griego LLC, our compassionate and skilled uncontested divorce lawyer in Albuquerque is here to help you through the process.
To learn more about how an uncontested divorce may be the best fit for you and your family, please complete the online contact form or call us at 505-502-3110 today. We can schedule you for an Uncontested Divorce Consult when convenient for you.
