When you have a legal matter involving custody or divorce, go to court to win – not to lose. Talk to an experienced attorney about what to expect in court and listen to your attorney about the cost and benefit of litigation.
It is important to understand and accept the reality of New Mexico law. In doing so, discover how your unique facts relate to New Mexico law.
If possible, you’re probably better off resolving your legal issues outside of court. With that said, sometimes the other side is going to make unreasonable demands. For example, possibly the other side is angry about the divorce or separation. Maybe your ex is angry because infidelity led to the divorce or separation. Then again, maybe the other side simply has substance abuse, or mental health issues and is thinking emotionally and not rationally.
It makes sense going to court if your ex is making unreasonable demands that do not reflect New Mexico law. Some issues, such as moving a child to another state/relocation, is a yes or no issue. With these black and white issues, the case usually must flow through the court system when the parents are on different sides of the issue and cannot reach a middle ground. At times the issue either boils down to yes or no and there isn’t a gray area.
Here are some of the common reasons why other family law issues end up in court.
KINSHIP GUARDIANSHIP
Parents can either contest or consent to the proposed Kinship Guardianship of a child. Contested guardianship cases will end up in court. When either parent appears in court and contests the proposed guardianship, a Guardian Ad Litem (GAL) must become involved.
The appointed GAL will complete a thorough investigation and make recommendations regarding the child’s best interests. Ultimately, the court likely will adopt the GAL’s recommendations regarding guardianship.
UNCONTESTED DIVORCE
In a perfect world, all divorces would be a clean split and both sides could agree on the Martial Settlement Agreement and Parenting Plan issues that are needed to complete the divorce. Unfortunately, some divorce cases start out friendly and quickly turn ugly. Here are some of the common reasons why uncontested divorces become contested:
- Unreasonable demands;
- Lingering resentment about the breakup;
- Refusal to sign the divorce papers;
- Communication problems that lead to disagreements; or
- Disagreements about spousal support, child support, or any legal issue.
Uncontested divorces usually save both spouses time, stress, and money. Unfortunately, not all marriages end cleanly, and not all divorces can be resolved amicably.
CONTESTED DIVORCE
Just because an uncontested divorce becomes contested does not mean that the divorce must end up in court.
On the sunny side of the path, divorces can be resolved without a disagreement. Somewhere in the middle, the parties have disagreements that can be settled by completing the discovery process and then participating in settlement facilitation. On the dark side of the path, the divorce case fails at facilitation and pushes forward into court – for better or worse.
Most contested divorces should be resolved through settlement facilitation. Divorce cases usually fail at facilitation and end up in trial based on:
- Unreasonable demands that do not match NM law;
- Anger or resentment about the reason for the divorce;
- One side believes that NM law is “unfair” and wants their day in court;
- A lost sense of control causes one side to use the court as a means to continue fighting; or
- Sometimes one side simply wants to make the divorce process as difficult as possible.
With contested divorces, go to court to win – not to lose. Weigh the cost vs. benefits of pushing a contested divorce issue to trial. Understand the real-world costs – both emotional and financial — of pushing your case into court.
With most contested divorces, both sides must give a little to meet in the middle. Unless the other side is making unreasonable demands – meeting in the middle is probably in both side’s best interests.
RESTRAINING ORDER OF PROTECTION
Most restraining orders result in a hearing – but not all. Sometimes the claims listed in the petition are so overwhelming that it makes sense to enter a “stipulated order.” The stipulated order can prevent finding of abuse from being formally entered. A stipulated order can also prevent testimony that could haunt either side with security clearances, or other legal matters.
Options for resolving restraining orders outside of court include:
- Agreeing to dismiss the order of protection (usually when a counter-petition has been filed); or
- Entering a No Contact Order through an existing DM case.
RESOLVING CHILD SUPPORT ISSUES OUTSIDE OF COURT
Most child support issues can and should be resolved outside of court. Child support is based on several clearly defined factors under the New Mexico Child Support Guidelines. An online child support calculator is available by clicking HERE.
Child support may result in a hearing when:
- One Parent is purposefully underemployed and making less income than possible;
- One side has voluntarily quit a higher paying job in order to take a lower paying position;
- One side does not believe that the reported business income accurately reflects income;
- One parent’s timesharing is close to 35% and there are arguments over Worksheet A vs. B; or
- Disability or Social Security issues.
It is important to understand NM law regarding child support. With unique child support issues, it is important to speak with an experienced child support attorney in New Mexico. An experienced child support attorney can explain your judge’s policies regarding child support.
Most straightforward child support issues can and should be resolved outside of court.
CHILD CUSTODY ISSUES IN ALBUQUERQUE, NEW MEXICO
New Mexico judges do not want every child custody case to be a mud-slinging war of words. Your assigned judge wants you to resolve your parenting issues outside of court. It is becoming common for some judges to refuse to hear your timesharing dispute until you have completed mediation with a skilled facilitator. In other words, your judge wants you to make every attempt to resolve your custody or timesharing issues outside of court.
Speak with an experienced attorney about your unique facts. Understand the possible timesharing schedules. Listen to your attorney about the realistic potential of being awarded sole legal custody. Embracing New Mexico law can save you thousands in attorney fees and GAL/11-706 fees.
(505) SANCHEZ HELPS YOU GO TO COURT TO WIN — NOT TO LOSE IN ALBUQUERQUE, NEW MEXICO
Understanding New Mexico law requires the knowledge of an experienced trial attorney. For more than twelve years, Matthew Sanchez has handled divorce and custody cases in courthouses across New Mexico, including: Rio Rancho, Los Lunas, Belen, Gallup, Santa Fe, Estancia/Socorro. Speak with a New Mexico divorce and custody attorney that understands NM law. Speak with (505) SANCHEZ.
Go to Court to Win — Not to Lose in Albuquerque, NM
