Are you facing a contested divorce in New Mexico? If so, you probably are wondering: “How do I resolve contested divorce disputes in New Mexico?
A contested divorce includes many legal issues. On the financial side, these issues include:
- Dividing community property/debt;
- What happens with the martial home; and
- Spousal support/alimony.
When children are involved, the following legal issues must also be decided:
- Child Full Custody;
- Parental Visitation; and
- Child Support.
All legal issues must be resolved before a marriage is legally ended. Unfortunately, most divorce cases involve disagreement on one or more legal issue. When disagreements occur, the divorce becomes contested and must flow through the court.
COMMON CONTESTED DIVORCE DISPUTES
At times, divorcing spouses can agree on some or most of the legal issues needed to complete the divorce. However, the spouses may disagree on key issues that are necessary to end the marriage.
Here are a handful of common divorce disputes.
DISPUTES OVER COMMUNITY PROPERTY OR DEBT
New Mexico is a community property state. This means that most assets and debts that are incurred during the marriage are evenly split upon divorce. At times, however, dividing community property or debt can be complicated.
Property disputes often occur when one or both spouses desire to maintain ownership over certain property. For instance, one party may desire to keep the martial home. At the same time, the other side may desire to sell the home and split the equity.
Additionally, disagreements may arise regarding community debt. For instance, one spouse may argue that the debt was incurred before or after the marriage. Moreover, the spouses may disagree on the debt amount, or whether the debt benefited the community. Lastly, the spouses may disagree on tax debt that was incurred during the marriage.
Finally, disagreements often arise regarding property values. For instance, the couple may disagree regarding the home or vehicle value. Moreover, sometimes the couple disagrees on the value of retirement accounts.
CONTESTED DIVORCE DISPUTES – ALIMONY OR SPOUSAL SUPPORT
Spouses commonly disagree about spousal or alimony support. For instance, one spouse might believe that they are entitled to spousal support. This belief may be based on one spouse’s need, and the other spouse’s ability to pay. For instance, possibly one spouse was the primary breadwinner while the other spouse stayed at home to care for the children.
New Mexico is a no-fault state. Moreover, NM courts cannot consider fault when determining alimony. Nevertheless, at times, a spouse vehemently fights against alimony, based on the reason for divorce. For instance, possibly a spouse believes that alimony is unfair because of infidelity, or other divorce related issues. Because of this moral belief, the spouse may refuse to pay alimony.
Do you and your spouse disagree on alimony? For example, do you disagree on the appropriate length and amount of alimony? If yes, you have a contested divorce.
DISAGREEMENTS REGARDING CHILDREN
Divorces involving children must include a Parenting Plan (PP). A PP is basically a contract that resolves child custody, parental visitation, and child support issues.
In some cases, one parent demands sole legal custody. At the same time, the other parent demands joint legal custody.
In other cases, the parents may disagree on the appropriate visitation schedule.
Finally, some parents are unable to agree on child support. Any disagreement on these issues creates a contested divorce.
SETTLEMENT FACILITATION/MEDIATION
New Mexico courts require both sides to complete Settlement Facilitation before granting a divorce trial.
Settlement facilitation is another way of saying mediation. Court ordered settlement facilitation involves a neutral and experienced facilitator. This facilitator attempts to guide both sides towards an agreement.
In doing so, the facilitator often must give one side a reality check. At times, one side might be making demands that do not reflect New Mexico law. For instance, possible one parent demands sole legal custody. In other situations, one spouse may refuse to pay spouse support or child support.
A skilled facilitator helps both sides reach a resolution.
Most contested divorce can and should be resolved through settlement facilitation.
CONTESTED DIVORCE DISPUTES IN NEW MEXICO – EVIDENTIARY HEARING OR TRIAL
A divorce trial is only scheduled when settlement facilitation fails. Most divorces can and should be resolved through settlement facilitation.
An evidentiary hearing/trial is the last step when couples are unable to resolve issues outside of court. Unfortunately, the litigation process can be time-consuming, stressful, and expensive. Moreover, a trial takes the power to decide out of the couple’s hands – giving the judge full power to decide the issues. Because of this fact, both sides may leave the courthouse feeling disappointed by the judge’s decision.
A divorce trial involves considerable time and preparation. Accordingly, a divorce trial significantly increases the divorce’s overall cost. During trial, each side presents evidence and arguments regarding the disputed legal issues.
Witnesses can be called to testify. When children are involved, a Guardian Ad Litem or 11-706 child custody expert may be necessary. Longer marriages with high assets may require a financial expert or forensic accountant’s testimony.
The assigned judge then determines the issues. This decision is based on the testimony, evidence, and facts that are presented during trial.
BEST CONTESTED DIVORCE ATTORNEY OR LAWYER IN ALBUQUERQUE, NM
Do you have questions about how to resolve contested divorce disputes in New Mexico? When faced with a contested divorce disputes, it is essential to speak the best New Mexico divorce lawyer or attorney. For over a decade, Sanchez has handled contested divorces all across New Mexico, including: Albuquerque, Santa Fe, Socorro, Rio Rancho, Grants/Belen. Talk to a seasoned and successful divorce attorney that knows what they are talking about. Talk to (505) SANCHEZ.
