Should I Take My Family Law Case to Trial?
To go to trial, or not to go to trial – that is the question. Unfortunately, the question flows from the tongue much easier than the answer.
No two divorces are created the same and there is a wide umbrella of possibilities that each case can fall underneath. On the relatively sunny side of the continuum there are uncontested divorces where the parties can reach an amicable agreement on the requisite elements of the Marital Settlement Agreement and Parenting Plan – with the “PP” being necessary if there are children from the marriage.
In the middle of the curve there are cases where the parties need the assistance of a settlement facilitator to mediate the process, acting as a helpful and unbiased third-party to guide the conflicted parties towards an agreement on the terms of the MSA and PP, leading to a Final Decree of Dissolution of Marriage.
The rainy side of the path is traveled when the two parties are on completely different roads and are unable to reach an agreement on the necessary terms for the court to grant a Final Decree, and instead must travel towards a trial on the merits.
In these instances the power to mutually decide on the end result is taken away from the parties’ and placed in the presiding judge’s hands, with the judge having broad discretion and great flexibility to paint the end result that they believe to be fair and equitable – provided that the decision doesn’t run outside of the lines drawn by New Mexico law.
Generally speaking, the judge’s ultimate ruling will only be overturned when an “abuse of discretion” occurs, and the holding will not be touched if it is supported by substantial evidence. “To reverse the [judge’s decision] under an abuse-of-discretion standard, ‘it must be shown that the [judge’s] ruling exceeds the bounds of all reason . . . or that the judicial action taken is arbitrary, fanciful, or unreasonable.’” Edens v. Edens, 2005-NMCA-033, ¶ 13, 137 N.M. 207, 109 P.3d 295.
REASONS TO SETTLE YOUR DIVORCE CASE RATHER THAN HAVE A TRIAL IN ALBUQUERQUE, NM
There’s a number of reasons why it’s preferable to reach an agreement outside of the courthouse’s hallowed halls, removing the power to decide the end result from the judge’s hands. The drawbacks to trial include the time, cost, emotional anguish, anxiety and overall uncertainty of placing the ultimate decision in another person’s hands. As one judge aptly said during a divorce trial: “There is no winning in divorce – only degrees of losing. Here are some other common reasons to settle your divorce case:
- Trial can be expensive in terms of dollars, cents, and negative emotions;
- Control over the outcome by allowing you to reach an agreement;
- Reduces the likelihood of post-divorce issues;
- Improves co-parenting when children are involved;
- Trial can stretch out the divorce process; and
- Life is too short for unnecessary stress.
Divorce is different from a criminal trial where there is a yin and yang – guilty and not guilty – clear winner and loser with the jury and judge rendering a yes or no. No one leaves a divorce trial jumping up and down while pumping their hands into the air like Rocky Balboa, with Eye of the Tiger triumphantly playing in the background. Because Albuquerque, NM is a community property state, the judge generally will “split the baby” dividing assets and debts in half – or fashioning a ruling that essentially divides the estate. It’s common for both parties to leave the courthouse emotionally drained and exhausted by the process of battling the person that they once believed to be the love of their life. Additionally, the time, cost and stress of a trial on the merits generally leaves both parties with an inherently sour taste about the process as a whole, and a strong desire to move forward to the next chapter in their lives.
Despite the high number of drawbacks, at times bringing a divorce to a trial on the merits is an unavoidable necessity.
DIVORCE TRIAL CAN BE UNAVOIDABLE WITH AN UNREASONABLE SPOUSE IN NEW MEXICO
In certain divorce cases the opposing party makes unreasonable demands, hides assets, overstates debts, voluntarily reduces their income through unemployment or underemployment, or flat out refuses to offer a proposal that remotely comports with New Mexico law. In other cases the opposing party desires to drag the process out as long as possible because of deep-seated resentment and a perceived way to strike back.
In some divorce cases, the unreasonable party experiences a lost sense of power over a person that they previously controlled and views the legal system as a weapon to perpetuate the pattern of manipulation and sense of control. Finally, in some cases a party feels that the governing laws are inherently immoral or unjust and therefore refuses to settle, opting instead to have their day in court, telling the judge their story and placing the ultimate decision in the judge’s hands with an attitude of come what may.
I’d like to end with an optimistic tone of cheers and thanksgivings ringing about the ears, but as a wise judge once said: “There is no winning in divorce – only degrees of losing.”
Inherently the act of tearing down the institution of marriage and everything that it stands for is wrought with the taste of loss lingering about one’s lips.
(505) SANCHEZ HELPS YOU UNDERSTAND NEW MEXICO LAW AND TAKING A FAMILY LAW DIVORCE CASE TO TRIAL IN ALBUQUERQUE, NEW MEXICO
Are you still asking yourself, “should I take my family law divorce case to trial”? Divorce in Albuquerque, New Mexico often requires the experienced hand and knowledge that comes with years of courtroom practice. Matthew Legan Sanchez has the experience needed to handle your unique case. Sanchez can be reached by calling (505) SANCHEZ.
Should I Take My Family Law Case to Trial?
