When you need a contested divorce lawyer in New Mexico, the experienced team at Batley Family Law is on your side. During this challenging time in your life, having a knowledgeable attorney as your fierce legal advocate can make the process much more manageable and ensure your rights are protected.



A divorce is considered contested when the two spouses cannot reach an agreement on all issues, making an amicable resolution impossible. Frequently, disagreements occur over issues such as:

The Contested Divorce Process in New Mexico

Although every case is different, you can generally expect to follow these steps during the divorce process:

1) File a Petition: The spouse initiating the divorce must file a Petition for the Dissolution of Marriage. The other party will have 30 days to file a Response.

2) Discovery: During this phase, the attorneys for each party will attempt to gather every piece of relevant information. Attorneys will often ask for documents, take statements known as depositions, request financial records, and do whatever is necessary to discover information that could prove useful to their clients.

3) Temporary Motions: While the divorce is pending, either party may file a temporary motion for the court to decide issues like asset control, child custody, and legal fees. If granted, these motions are only valid until the divorce resolution.

4) Divorce Resolution: In New Mexico, a contested divorce case has four different options for resolution.

  • The parties can come to a mutually agreed-upon resolution, with or without attorneys (i.e., settlement)
  • The parties can agree to dismiss the proceedings (i.e., reconciliation)
  • A mediator can help the parties reach a resolution during a settlement facilitation
  • If the parties can’t agree, the case will go to trial, where the judge will have the final say


New Mexico typically considers any debt or property acquired during the marriage as “community property” and thus subject to a 50-50 split. Property owned before the marriage, covered by a nuptial agreement, or that is received by either spouse as a gift or inheritance might be retained by one spouse.

Generally, decisions about the award of alimony will be based on a spouse’s need, the length of the marriage, and the other spouse’s ability to pay. Because New Mexico is a “no-fault” state, the parties’ conduct during the marriage essentially has no impact on alimony decisions.


Undoubtedly, a divorce is one of the most challenging life experiences, both legally and emotionally. At Batley Family Law, we put over 25 years of experience in family law to work to achieve your objectives while retaining your peace of mind.

Call our Albuquerque office today at (505) 246-0500 or fill out this contact form to take the next step toward scheduling your confidential case evaluation.

What Our Clients Say

“Professionalism, Quality, Responsiveness, Value
I had a great experience at Batley Family Law. They assisted me with my case. They were excellent and ensured that my case was handled as efficiently as possible and always made me feel informed. This firm helped me through a stressful time. Would absolutely recommend this law firm.”

J. A.

“Thanks for everything yesterday! I had a very informative and meaningful consultation with Batley Family Law. I can tell that they are compassionate and strong which I admire in a law firm. Their firm has written a great book on New Mexico Divorce Law and they had recommendations for books to help my kids in this process! Thanks for the great gifts as well. I look forward to working with them in the process that lies ahead.”


Bobbie Batley is unquestionably the top family lawyer in New Mexico, largely because of the amazing team she leads. This firm cares about their clients, and puts those needs out front. I will never hesitate to refer to this firm!”


“Batley Family Law is an excellent place to work. I enjoy coming in everyday. It is clear to see how much our attorneys value New Mexican families. They work their hardest to advocate for their clients on a daily basis.”

K. W.

“Batley Family Law provided me with excellent advice and service to effectively and efficiently resolve an issue with my best interests in mind. They did this with a great deal of compassion. I would highly recommend this firm.”

E. F.

Contact Us

Please call us at
505-246-0500 or complete the form and we will be in touch.

Batley Family Law
316 Osuna Road Ne #301
Albuquerque, NM 87107
Phone: 505-246-0500

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