In certain situations a divorce cannot be resolved amicably and transforms into a contested divorce. In some instances – for a wide variety of reasons – the parties refuse to agree on issues that are necessary to finalize the divorce.
Are you involved with a divorce where too much damage has been done? Do you feel that you have been wronged, or that the other party is making unreasonable requests? If so, it is essential that you have an experienced family law attorney that is willing to fight on your behalf.
A contested divorce means that both parties are unable to agree on the following issues:
Have marital problems turned your thoughts to the possibility of divorce? Does your marriage seem strained and simple activities are increasingly difficult? When divorce looms, life can seem unenjoyable. Problems can arise like focusing at work, and hobbies and pastimes may seem unenjoyable.
Do you live in Rio Rancho and divorce is on your mind? Have you recently been served with divorce papers in Sandoval County, NM? Either way, you need the advice and representation of an experienced divorce attorney in Rio Rancho. The choices that you make right now can have a big impact on your divorce and future custody and time-sharing.
Matthew Legan Sanchez is a dedicated divorce lawyer in Rio Rancho. Sanchez understands that every marriage is different and gives every divorce a unique approach. Family law solutions in Rio Rancho involve careful consideration of your marriage’s unique circumstances. Sanchez will listen to your story, ask questions to gather information, and discover your goals.
Based on your unique marriage and goals, Sanchez will address:
Divorce in Rio Rancho is an unknown process for most people. The unknown can be intimidating and can cause unnecssary stress and tension. An experienced family law and divorce attorney in Rio Rancho can guide you through the divorce process. You need accurate information about the divorce process in Thirteenth Judicial District court, not fuzzy misinformation. Sanchez has over a decade of courtroom experience with divorces in Rio Rancho.
No matter what you are dealing with, Sanchez has the divorce experience that you need. Sanchez can help you deal with any type of divorce issue or situation, including:
A contested divorce occurs when both sides are unable to reach a full agreement on the issues that are necessary to finalize the divorce. Contested divorces often involve disagreements regarding:
When parties are unable to agree on all of the divorce’s terms, the remaining issues need to be resolved to finalize the divorce. Not all contested divorces result in trial. Most contested divorces can and should be resolved through the mandatory Settlement Facilitation. At facilitation, an effective facilitator guides the parties towards an agreement that is based on New Mexico law and what the parties should reasonably expect to receive at trial, based on the marriage’s unique facts and circumstances.
At times, the parties are unable to reach an agreement at facilitation. This usually occurs when one side makes unreasonable demands, or makes demands that are not based on New Mexico law. This is why it is extremely important to have an experienced attorney that knows what to expect, based on extensive trial practice.
Yes, provided that New Mexico has jurisdiction over you and your spouse. New Mexico law requires that you or your spouse live in New Mexico for at least six consecutive months to request a divorce in New Mexico.
New Mexico’s six month requirement prevents spouses from “forum shopping,” or choosing the most favorable state to determine divorce issues that include:
When parties are unable to agree on all of the divorce’s terms, the remaining issues need to be resolved to finalize the divorce. Not all contested divorces result in trial. Most contested divorces can and should be resolved through the mandatory Settlement Facilitation. At facilitation, an effective facilitator guides the parties towards an agreement that is based on New Mexico law and what the parties should reasonably expect to receive at trial, based on the marriage’s unique facts and circumstances.
At times, the parties are unable to reach an agreement at facilitation. This usually occurs when one side makes unreasonable demands, or makes demands that are not based on New Mexico law. This is why it is extremely important to have an experienced attorney that knows what to expect, based on extensive trial practice.
New Mexico is a “no-fault” state. You are not required to prove fault, such as abuse, adultery, or abandonment to request and receive a divorce in New Mexico.
New Mexico does not require you to prove any wrongdoing. Most divorces are based on incompatibility, discord, or conflict of personalities. However, if certain acts of abuse have prompted your divorce — such as domestic violence or other criminal acts — addressing those issues can protect you and your family from a threat of immediate harm. When children are involved, addressing these acts of abuse can also impact your divorce’s custody or visitation.
If your divorce involves claims of domestic abuse and children are involved, it is essential to speak with an attorney that has extensive courtroom experience with divorce and domestic violence cases.
As the Rolling Stones sing, “You can’t always get what you want.” Your spouse is powerless to stop the divorce. New Mexico is a no-fault state and either spouse can individually request a divorce. If New Mexico has jurisdiction, as described above, your spouse cannot stop the divorce from happening.
New Mexico divorce begins by filing a Petition for Dissolution of Marriage and Summons. The Petition opens the divorce case. The Summons informs your spouse about the divorce and the deadline for filing a Response (30 days from the date of service). Once the Petition is filed, New Mexico courts generally will issue a Temporary Domestic Order (TDO), which freezes the status quo. The Petition, Summons, and TDO must be served upon the opposing party under Rule 1-004. Usually the documents are personally served through a process server, or the sheriff in the other party’s jurisdiction.
A Marital Settlement Agreement that distributes community property/debt and addresses spousal support/alimony is necessary to finalize your divorce. When children are involved, a Parenting Plan is also necessary to determine custody, timesharing, and child support. The divorce is finalized when these documents are filed and the assigned Judge signs the Final Decree of Dissolution of Marriage. Usually it takes about five to ten days from the date that the documents are filed, for the judge to review and sign the Final Decree.
New Mexico is a community property state. This means that property and debt that is acquired during the marriage will generally be split 50-50 upon divorce.
Property that is acquired by either spouse during the marriage is generally considered “community property” and split 50-50. Community property/assets include:
Cars that are purchased during the marriage, in one party’s name alone, are generally considered community assets and the equity or debt is split 50-50 upon divorce.
Debt that is accumulated during the marriage is generally considered “community debt” and split 50-50. Community debt includes:
Debt that is acquired during the marriage, in one party’s name alone, is generally considered community debt and split 50-50.
Property is generally not considered community and will not be split 50-50 in the following situations:
The division of property and debts is often one of the most contested matters during a divorce. This is especially true when one party is kept in the dark about the marital finances, when assets are transferred or disposed, or when debt is accumulated that did not benefit the community.
It is essential to hire an experienced attorney with an understanding of New Mexico law that is based on extensive trial experience with your specific judge.
New Mexico courts have the power to award spousal support/alimony. Spousal support/alimony is a continuation/substitute for the right to support that each spouse enjoys during the marriage.
The two biggest factors that impact alimony in New Mexico are need and ability to pay. Alimony is not based on fault, and New Mexico courts cannot consider fault when determining the appropriate level of support. Alimony is not intended to be a penalty against one party.
Alimony’s duration is generally based on the length of marriage. Generally speaking, longer marriages equal longer alimony awards.
New Mexico has Alimony Guidelines that assist parties in reaching resolutions regarding the appropriate alimony. Unlike child support, New Mexico lacks clear and consistent alimony laws that establish the appropriate length and amount of alimony. Alimony is more of a “gray area” than child support, with a number of varying factors that determine the amount and duration. Because of this fact, New Mexico judges have wide discretion (“power”) to determine the proper amount and length of alimony.
Alimony is based on a number of different factors that are unique with each case. These factors include:
As you can see, New Mexico courts consider a number of varying factors when determining the appropriate amount and length of alimony. It is essential to speak with an experienced attorney that has an understanding of New Mexico’s alimony laws that is based on courtroom experience.
Divorces involving children require an agreement or judge’s decision regarding issues such as custody, visitation, and child support. These issues are outlined through an enforceable court order known as a Parenting Plan. A Parenting Plan is basically an enforceable contract that controls issues affecting the child.
New Mexico courts are guided by the “best interests of the child standard” when determining the appropriate custody and timesharing when parents cannot agree on the issues. Similar to alimony, discussed above, New Mexico judges have immense power to determine the appropriate timesharing, and it is difficult to overturn the judge’s decision on appeal.
New Mexico law assumes that joint legal custody is in a child’s best interests. Physical custody (i.e. visitation/timesharing) is based on a number of varying factors, but ultimately is determined by a child’s “best interests.” When parents are unable to determine the child’s “best interests” the ultimate decision will be placed in your judge’s hands – for better or worse. Child support is based on clear and consistent New Mexico guidelines that consider:
New Mexico courts usually will not finalize a divorce until a Parenting Plan is entered that outlines custody, visitation, and child support. The Parenting Plan can either be agreed upon by the parties, or decided by one’s assigned judge.
QDRO is short for Qualified Domestic Relations Order. A Qualified Domestic Relations Order is a specific and detailed divorce order that divides a retirement account between the parties. As mentioned above, retirement accounts that are accumulated during the marriage are usually considered community property and are divided 50-50 upon divorce. Qualified Domestic Relations Orders are not required for the division of every retirement plan but are necessary for most retirement accounts. A QDRO is generally necessary to split a 401K or pension upon divorce, based upon a specific agreement or court order.
Here comes the classic lawyer answer – it all depends on your unique case! The time it takes to resolve any divorce depends on the individual facts and circumstances of your marriage. The length of the divorce depends on a number of factors that include:
All divorces are not created equally. The length of time necessary to complete your divorce will depend on a number of factors that are unique to your situation and marriage.
Are you facing a divorce, legal separation, paternity issue, custody, alimony, child support, or post-divorce modification? Either way, it is vital that you have a skilled and experienced family law attorney to review and present your case. Sanchez has years of experience and is dedicated and knowledgeable about your divorce issue, and divorce laws in New Mexico.
Sanchez is committed to providing every client with the best service possible, and goes the extra mile for each client. Sanchez has years of courtroom experience, and mediation experience.
Sanchez will guide you towards an amicable settlement agreement, if possible. When agreements are not possible, Sanchez will fight for your rights and is battle tested with over a decade of family law, courtroom experience.
At times, successful mediation requires an experienced and tested litigator. Courtroom experience enables an attorney to know the subtle shades of New Mexico divorce law. Sanchez thrives for legal solutions through mediation, but doesn’t shy away from aggressive litigation.
Matthew Legan Sanchez is a Rio Rancho divorce, child custody, and guardianship attorney in New Mexico. Sanchez handles custody and divorce cases in Rio Rancho and nearby areas such as Paradise Hills, Zia Pueblo, Los Ranchos, Ranchitos, and Los Padillas, New Mexico.
Call (505) SANCHEZ to speak with a affordable divorce advocate in Sandoval County.