The divorce process begins with a Petition and ends with a Final Decree. It often takes six months or more for a contested divorce to travel from Petition to Final Decree. From beginning to end several legal issues may arise that need to be addressed in court.
While the divorce is pending, legal issues can be addressed by filing a “motion.”
WHAT IS A DIVORCE MOTION IN NEW MEXICO?
A motion is a request for your assigned judge to enter a ruling on a specific legal issue. These issues may include:
- Interim support;
- Interim timesharing;
- Exclusive use of the martial home;
- Compel/force discovery answers; or
- Enforce the Temporary Domestic Order based on a violation.
Any number of different issues can arise while a divorce is pending. A motion’s purpose is to fill in the blank regarding a specific legal issue within your divorce. For instance, possibly you and your ex do not agree on timesharing while the divorce is pending. In this situation, either party may file a motion for the court to enter a temporary timesharing order until a Parenting Plan can be completed.
Only uncontested divorces do not require a motion to move the case forward. Almost all contested divorces require a motion to be filed. Most commonly, a contested divorce will need a Motion for Pre-trial Order to be filed.
The Pre-trial Order establishes deadlines and moves the divorce case forward towards the Final Decree.
Motions are an important aspect of divorce in New Mexico. Motions can have a significant impact on your divorce, especially with highly contested divorces where one party is playing dirty.
Here are some of the common motions that you may encounter during a divorce in New Mexico.
MOTION FOR INTERIM SUPPORT (ALIMONY/CHILD SUPPORT DURING DIVORCE)
Child support and alimony begin after a divorce is finalized. Interim division of income and expenses (interim support) is provided while the divorce is pending. For more information on interim support, click HERE.
A Motion for Interim Support is usually filed in cases where one party makes substantially more than the other party. Each spouse’s income is considered community funds. New Mexico courts have the ability to determine each spouse’s disposable income, dividing and equalizing the income between the parties.
MOTION FOR INERIM TIMESHARING — DIVORCE MOTIONS IN NEW MEXICO
Sometimes one spouse prevents visitation and/or communication with the children while the divorce is pending. In some cases, one spouse calls all the shots and only allows communication or visitation as they deem fit.
Parents can file a Motion for Interim Timesharing when both sides cannot agree on timesharing while the divorce is pending. The factors that will influence your judge’s decision regarding interim timesharing include:
- Domestic violence or substance abuse allegations;
- Timesharing that has taken place since the separation (i.e. status quo); and
- Each parent’s bonding and relationship with the children.
It is extremely important to establish maximum time with your children immediately after separation. It is important to eliminate any potential claims of substance abuse, or domestic violence issues. It is important to speak with an experienced child custody attorney before your case is cemented with time.
To get the most timesharing possible, you should immediately become as involved with your children as possible. Immediately request maximum timesharing. Failing to do so will create a lackluster “status quo” that haunts and follows your custody case.
MOTION FOR EXCLUSIVE USE OF THE MARTIAL RESIDENCE OR VEHICLE
It can be impractical and unrealistic for some spouses to live in the same home while the divorce is pending. This may be unrealistic for the following reasons:
- Domestic violence issues;
- Preventing false allegations of abuse that result in restraining orders;
- Increasing tension between the parties that becomes unhealth for children;
To prevent unnecessary discord, either party may file a Motion for Exclusive Use of the Martial Residence. In doing so, the court can enter an order that forces one spouse out of martial residence while the divorce is pending.
MOTION TO COMPEL DISCOVERY
Discovery is the process where financial information is uncovered during a divorce. A Motion to Compel Discovery is used when the other party either refuses to provide requested information or provides incomplete answers to discovery requests.
The discovery process can greatly extend the time and expenses necessary to complete the divorce. This is especially true when your ex refuses to provide necessary financial information, hides information, or provides incomplete answers.
A Motion to Compel Discovery requests your assigned judge to enter an order that forces your ex to provide the requested discovery information.
MOTION FOR PRE-TRIAL ORDER/SCHEDULING CONFERENCE
Divorce is not a self-propelling process. Divorce cases require either side to file a motion and move the case forward. A divorce case will not move forward on its own. Both sides can agree on deadlines that move the case forward. When both sides are unable to agree on deadlines, either party can file a Motion for Pre-trial Order.
The Motion for Pre-trial Order requests deadlines to move the divorce forward. These deadlines include:
- Discovery;
- Motion deadlines;
- Deadline to choose an expert; and
- Deadline to complete Settlement Facilitation.
MOTION FOR ORDER TO SHOW CAUSE — DIVORCE MOTIONS IN NEW MEXICO
Is you ex refusing to follow a court order? A Motion for Order to Show Cause alerts your judge about the violation and requests for your ex to be sanctioned and held in contempt of court.
A Motion for Order to Show Cause is like a Motion to Enforce. A Motion to Enforce requests for your judge to enforce a court order that is being violated. Although similar, a Motion for Order to Show Cause must be physically served upon on the other party, for the court to have contempt powers.
Although a Motion for Order to Show Cause is more aggressive, the result is usually the same as a Motion to Enforce. Usually, the court will enforce the court order and can award attorney fees. Family court judges rarely exercise their contempt powers – unless the violation has already been addressed, continues despite warning, and is severe.
(505) SANCHEZ HELPS YOU UNDERSTAND COMMON DIVORCE MOTIONS IN NEW MEXICO
Are you facing a divorce in Albuquerque, New Mexico and are curious about divorce motions in New Mexico? Matthew Legan Sanchez has handled complex divorces for over a decade in New Mexico. Sanchez can help you understand common divorce motions in New Mexico and all across Bernalillo, Sandoval, Santa Fe, or Valencia County in New Mexico. Call (505) SANCHEZ.
Common divorce motions in New Mexico
