Contested Divorce Lawyer Serving New Mexico
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.
What Is a Contested Divorce?
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. The neutral mediator identifies issues of contention and helps parties negotiate an agreement they can both live with. This gives them control of the outcome.
- If the parties can’t agree, the case will go to trial, where the judge will have the final say
Basic Facts About New Mexico Divorce Law
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.
If You Need a Contested Divorce Lawyer in New Mexico, Contact Batley Family Law Today
Undoubtedly, a divorce is one of the most challenging life experiences, both legally and emotionally. But you don’t have to face the ordeal alone. Since 1993, Batley Family Law has been helping clients achieve their objectives in family law while retaining their 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.
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