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:

• Spousal support
• Division of assets
• Child custody or visitation
• Child support

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