Albuquerque Contested Divorce Lawyer

Some divorces are simple: Both parties agree that a divorce is necessary and negotiate the terms of the separation on their own or through one of our knowledgeable and experienced attorneys. These uncontested divorces, however, are in the minority. It’s much more common for the divorcing parties not to see eye to eye, resulting in a contested divorce. This is why having an experienced Albuquerque contested divorce attorney like those at Sandia Family Law is so important.

Connect with an Albuquerque contested divorce lawyer for a free legal consultation. Call now at (505) 544-5126 or contact us online to discuss your case.

What is a Contested Divorce?

By definition, a contested divorce occurs when one party does not accept the terms of divorce laid out in the divorce petition. In some cases, the divorce is contested because one person does not want to divorce at all; they may wish to pursue a separation or other measure and continue to work on the relationship.

In other cases, both parties wish to end the marriage, but there is disagreement over issues of property division, spousal support, child custody or other concerns.

How Long Does a Contested Divorce Take?

The duration of a contested divorce in New Mexico can vary widely based on several factors. Contested divorces occur when spouses cannot agree on key issues, leading to a more complex and lengthy legal process. On average, a contested divorce in New Mexico might take anywhere from several months to over a year or more to reach a resolution. The timeframe is influenced by factors like the court's caseload, the complexity of the issues, the willingness of both parties to negotiate, and the need for legal representation.

How is The Contested Divorce Process in New Mexico?

The steps involved in a contested divorce can include filing the initial divorce petition, responding to the petition, discovery (gathering evidence and information), negotiation or mediation attempts, pre-trial motions, and, if necessary, a trial before a judge.

The trial process itself can further extend the timeline, as scheduling, preparation, and court availability play a role. Efforts to settle disagreements through mediation or negotiation can significantly expedite the process, as they can lead to mutually acceptable agreements without the need for a trial. However, if resolution proves elusive and the case proceeds to trial, the timeline will likely be extended.

To navigate a contested divorce efficiently in New Mexico, seeking the guidance of an experienced Albuquerque contested divorce attorney is highly recommended. We can help you understand your rights, represent your interests, and work toward a resolution that aligns with your needs, potentially helping to expedite the process while ensuring a fair outcome.

Common Issues in Contested Divorce Cases

Several issues are commonly contested during a divorce. These issues may require the intervention of a judge, as both spouses may not agree on how to resolve them. Below are some of the most common contested divorce issues:

• Property Division: New Mexico is a community property state, meaning that all property acquired during the marriage is generally considered joint property, subject to equitable division between the spouses. In contested divorce cases, spouses may disagree about the value of certain assets, the division of debt, or the division of marital property that may be difficult to categorize. Having an experienced Albuquerque contested divorce lawyer on your side ensures that your assets are valued correctly and fairly divided.
• Child Custody and Visitation: In contested cases, parents may have strong disagreements about custody arrangements, visitation schedules, or the other parent’s fitness to care for the child. If parents cannot reach an agreement on custody, the judge will ultimately decide the matter. 
• Child Support: Child support is another commonly contested issue in divorce cases, particularly when one parent feels that the amount of child support is unfair. In contested divorce cases, child support calculations may be disputed, especially if one party’s income is difficult to assess or if there are concerns about financial obligations being met. Our team will ensure that the child support arrangement is fair and in the best interests of your children.
• Spousal Support (Alimony): Alimony is typically awarded based on factors such as the length of the marriage, each spouse’s earning capacity, and the recipient spouse’s financial needs. If you are seeking spousal support or are being asked to pay alimony, having skilled legal representation is essential. 

What Happens Next?

A contested divorce does not necessarily need to end up in divorce court, although it is not uncommon for divorces to be litigated. However, at Sandia Family Law, we understand that different couples will have different needs – and in many cases, settling out of court is better. This is why we strive to provide our clients with as many options as possible and help them to make the best choice for their situation.

For example, a couple may negotiate the terms of a divorce through mediation. Or, if they are unable to come to an agreement on their own but would prefer to stay away from a public hearing, they may be better served by facilitation or arbitration. In some cases, appearing before a judge is in fact in a client’s best interests.

Because every situation is unique, we encourage you to contact us for a consultation. Together, we can help you through the divorce process with as little pain and hassle as possible.

Call (505) 544-5126 to schedule a consultation with an Albuquerque contested divorce attorney today.

Commonly Asked Questions

What happens if the other spouse refuses to cooperate during a contested divorce?

If one spouse refuses to cooperate or provide necessary information, the court may intervene and compel compliance. In some cases, the court may issue sanctions or make decisions in favor of the cooperative spouse based on the lack of cooperation. If a spouse is intentionally obstructing the divorce process, it is important to discuss the situation with your Albuquerque contested divorce lawyer.

What is mediation, and can it help in a contested divorce?

Mediation is a form of alternative dispute resolution where a neutral third party (the mediator) helps the spouses negotiate and reach agreements on contested issues. In Albuquerque, the court may require mediation before proceeding to trial. Mediation can help save time, reduce legal costs, and allow the parties to have more control over the outcome, though it is not always successful in resolving all issues.

How do I prepare for a contested divorce in Albuquerque?

To prepare for a contested divorce, it's important to gather all necessary documents, including financial records, bank statements, tax returns, and any documents related to child custody, property ownership, and debt. Working with an Albuquerque contested divorce lawyer will help you understand the legal process, determine which issues are likely to be contested, and strategize on the best course of action for your case.

Can I change the terms of a divorce settlement after the divorce is finalized?

In some cases, you may request a modification of the divorce settlement after it has been finalized. If there has been a significant change in circumstances, such as a change in income, a relocation, or a change in the needs of the children, you may be able to seek a modification of child custody, child support, or alimony. You would need to file a petition with the court, and a judge will decide whether the modification is appropriate.