A litigated divorce means that both sides are unable to reach an amicable, uncontested divorce agreement. Consequently, the case moves through the court system from start to finish. To begin, one party must file the divorce and serve the other side with divorce papers. On the other side, it’s important to know what to do when served with divorce papers.
From that point, the divorce case follows a sequence of steps until completed. With that said, most litigated divorces are resolved before trial. For instance, most litigated divorces are resolved through the mandatory Settlement Facilitation/Mediation.
Here are the commons steps to complete a litigated divorce.
FILING FOR DIVORCE
A request for divorce (petition) must be filed in the county that you reside. Additionally, one party to the divorce must live in New Mexico for at least six months before the request is filed.
SERVING THE DIVORCE PAPERS
The side filing the divorce (i.e. Petitioner) must serve the other party with the divorce papers.
TEMPORARY ORDERS
While the divorce is pending, either side can file divorce motions that request a temporary order. Common divorce motions include:
- Motion for Interim Timesharing (when children are involved);
- Request to Enforce Temporary Domestic Order;
- Motion for Interim Support;
- Request for Exclusive Use of the Martial Residence; or
- Petition for Restraining Order of Protection.
DIVORCE DISCOVERY — LITIGATED DIVORCE IN NEW MEXICO
Litigated divorces often involve the discovery process. In short, the discovery process enables both sides to possess a complete understanding of the assets and debts incurred during the marriage. During the discovery process, each side must provides requested information.
On the simple side, both sides have all the necessary asset and debt information. In this situation, the parties can complete Settlement Facilitation without completing the discovery process.
In the middle, either side may be missing some important financial information. For example, possibly one spouse needs the other spouse’s retirement information. In this scenario, discovery can be requested “informally.” Usually, the informal process occurs through email, rather than formal discovery through legal documents.
On the tough side, the parties must complete formal discovery through legal documents (Interrogatories and Request for Production of Documents). Additionally, when assets are being hidden, a forensic accountant or deposition may be necessary.
On the proactive side, it’s important to understand areas to improve as you financially prepare for divorce. Also, it is important to recognize dirty divorce moves.
SETTLEMENT FACILITATION/MEDIATION
In New Mexico, every litigated divorce must complete Settlement Facilitation/Mediation before a trial occurs. The Settlement Facilitation process involves an experienced and neutral facilitator/mediator. During Settlement Facilitation, the trained and experienced facilitator helps both sides work towards a resolution. In general, most divorces are resolved through Settlement Facilitation.
TRIAL — LITIGATED DIVORCE IN NEW MEXICO
A formal trial is necessary when both sides cannot reach a complete agreement. As we are seeing, there are stages to a litigated divorce. Similarly, there are also stages to a divorce trial.
Is your divorce heading to trial? If so, it is important to understand what to expect during a divorce trial in New Mexico.
APPEAL — LITIGATED DIVORCE IN NEW MEXICO
After trial, either side can appeal the court’s decision. To do so, either side must initiate the process within 30 days after the Final Decree is filed.
WAYS TO IMPROVE YOUR DIVORCE CASE
Are you facing a litigated divorce in New Mexico? If so, you should consider the do’s and don’ts of divorce. You should also avoid behaviors that hurt your divorce case. Also, consider ways to improve your divorce case. Finally, consider ten bad divorce decisions.
ALBUQUERQUE LITIGATED DIVORCE ATTORNEY/LAWYER NEAR YOU
Do you still have questions about your litigated divorce in New Mexico. if so, Sanchez has handled uncontested divorces all across New Mexico, including: Albuquerque, Santa Fe, Taos, Rio Rancho, Los Lunas/Belen, and Gallup/Grants. Also, Sanchez has handled contested divorces across New Mexico, including: Albuquerque, Santa Fe, Socorro/Estancia, Rio Rancho, Los Lunas/Belen, and Gallup/Grants. Talk to a seasoned and successful divorce attorney that knows what they are talking about. Talk to (505) SANCHEZ.
