Sometimes Litigation is the Path to Justice in Divorce and Child Custody Cases

 

Sometimes litigation is the path to justice in divorce and child custody cases in Albuquerque, New Mexico.  In the realm of divorce and child custody cases, finding justice can feel like you’re lost in the Sandia Mountains without a map.

When relationships break down, emotions run high, and disputes arise.  When this happens, litigation may become necessary to get the best outcome.  Litigation may be necessary with your restraining order, divorce, or child custody case in New Mexico.

Sometimes you cannot resolve disputes out of court with divorce and child custody cases.  Sometimes the other side is unreasonable.  Maybe they’re violent and abusive.  In other cases, they might abuse drugs or alcohol to a degree that they are unfit to care for the children.

So, understanding the intricacies of the legal process and knowing how to effectively navigate through it is crucial. You may need to take your divorce or child custody case to family court in Albuquerque, NM.

Sometimes you do.

Today, we’ll shed light into the world of divorce and child custody litigation.  In doing so, we’ll consider the various aspects that should be considered when pursuing legal action.

It’s also important to consider the negative aspects of taking a divorce or child custody case to trial.

Sometimes litigation is a harrowing experience.  Consider this: The #1 fear in America is the fear of public speaking.  It’s important to keep in mind that litigation likely means you will speak in public. Litigation can mean confronting your ex in a public setting.  This can be extremely stressful.  It’s also expensive to boot.

So, let’s consider when it’s necessary to bring a custody or divorce case to trial in Albuquerque, New Mexico.

 

UNDERSTANDING THE LEGAL PROCESS IN DIVORCE AND CHILD CUSTODY CASES

 

Divorce and child custody cases involve a series of legal procedures and requirements that must be followed to ensure a fair and just resolution. It is essential to have a basic understanding of the legal process to effectively navigate through it.

First and foremost, it is crucial to familiarize yourself with New Mexico’s divorce and child custody laws.  Also, every judge has different preferences and personalities.  So, it’s important to consider how your judge applies NM law.

Moreover, each jurisdiction may have its own set of laws and procedures.  For instance, Rio Rancho’s divorce and child custody procedures, or preferences, may differ from Albuquerque.

Once you have a clear understanding of the legal framework, you can proceed with initiating the legal process. This typically involves filing a petition.  The petition opens the case. Once opened, both sides can file motions to move the case forward.

In Albuquerque, divorce and child custody cases typically have a “Summary Hour Hearing” before a trial is set.  A Summary Hour Hearing is basically a Pre-trial Conference.  At this Hearing, the issues are briefly heard, and the judge decides how the case will move forward.

If it is determined that a trial or evidentiary hearing is needed, the court will set the matter to be heard.

During the trial or litigation process, both parties will have the opportunity to present their case and provide evidence to support their claims. This may involve attending court hearings, submitting legal briefs, and participating in mediation or settlement conferences. It is important to be prepared and organized during this phase, as it can significantly impact the outcome of your case.

Check out this video to better understand divorce and child custody litigation in Albuquerque, New Mexico.

 

 

UNDERSTANDING DIVORCE AND CHILD CUSTODY LITIGATION

 

Divorce and child custody cases can be emotionally charged and legally complex. When disputes arise, litigation may become necessary to resolve conflicts and protect the rights of both parents and children involved. Understanding the different types of litigation available is essential for individuals seeking justice in these cases.

 

CONTESTED DIVORCE

 

In a contested divorce, both parties are unable to reach an agreement on key issues such as child custody, division of assets, and alimony. Litigation becomes the means to settle these disputes in court, with each party presenting their case to a judge. This type of litigation can be adversarial and time-consuming, often requiring the assistance of skilled attorneys to navigate the complex legal process.

Nevertheless, sometimes litigation is necessary in divorce.  Litigation may be necessary if the other side is making unreasonable demands.  It may also be necessary if one side is refusing to provide essential discovery documents.  Finally, litigation may be unavoidable if the other side is dragging their feet and contests the divorce.

 

UNCONTESTED DIVORCE 

 

An uncontested divorce in Albuquerque occurs when both parties agree on all major issues.  In other words, both sides must agree on all financial issues.  When children are involved, both sides must also agree on all custody, timesharing, and child support issues.

An uncontested divorce saves both sides the stress, time, and expense of litigation.  Sometimes an uncontested divorce seems like the best way to get a fast divorce in New Mexico.

However, it is important to consult with an attorney to ensure that the settlement agreement is fair and legally binding. You see, sometimes one side will guilt or manipulate the other side into a bad agreement.

Maybe this guilt involves talking a parent out of child support.  Or, it could be talking a spouse out of alimony, or their community portion of the home.

Even in uncontested divorces, it is essential to speak with an experienced uncontested divorce attorney in Albuquerque, New Mexico.

 

CHILD CUSTODY LITIGATION 

 

Child custody disputes can be particularly challenging, as they involve determining the best interests of the child.  Ultimately, the judge decides the child’s best interests.  So, putting your visitation issues into a stranger’s hands can be an uncertain process.

When parents are unable to agree on custody arrangements, litigation becomes necessary. Courts consider various factors, such as the child’s relationship with each parent, their living situation, and their overall well-being, to make custody decisions.

Navigating child custody litigation requires a thorough understanding of family law and the ability to present a compelling case that supports the best interests of the child.

 

GATHERING EVIDENCE IN CHILD CUSTODY AND DIVORCE CASES

 

Evidence plays a crucial role in divorce and child custody litigation. Therefore, it is imperative to collect relevant documents.  These documents could include financial records, communication records, and evidence of any misconduct by the opposing party.

This evidence can support your claims and strengthen your case in court.

 

ARE YOU FIGHTING YOUR EX – OR FOCUSING ON THE BEST INTERESTS OF THE CHILD?

 

Child custody cases revolve around determining the best interests of the child. When presenting your case, it is essential to emphasize how your proposed custody arrangement will promote the child’s well-being and overall development.

This may include showcasing your ability to provide a stable and nurturing environment, demonstrating your involvement in the child’s life, and highlighting your commitment to co-parenting.

With that said, are you litigating the issue because you want to fight for your child – or to fight against your ex?  Sadly, extended litigation wages a heavy toll on children.  Family courts do not subject children to court or have them testify in court.

Nevertheless, even the Guardian Ad Litem (“GAL”) process can be emotionally taxing for children.

So, consider your motives for litigating your child custody issues.  Are you fighting for what’s best for your child – or fighting against your ex?

 

WHEN TO CONSIDER LITIGATION IN DIVORCE AND CHILD CUSTODY CASES 

 

Litigation should be considered when all other attempts at resolving conflicts have been exhausted or have failed. In some cases, negotiation or settlement facilitation isn’t feasible.  In these cases, litigation may be the only viable option to protect your rights and secure a fair resolution.

With that said, all divorce cases in Albuquerque, New Mexico must complete settlement facilitation before a trial is set.  However, some divorce and child custody cases cannot be resolved out of court.

At times, litigation may be necessary in situations where there is a significant power imbalance between the parties.  Also, litigation may be needed or when there are allegations of abuse, neglect, or other serious concerns that require immediate court intervention.

Finally, sometimes one party is uncooperative and demanding an outcome that doesn’t reflect NM law.  In these situations, divorce and child custody litigation may be necessary.

 

GATHERING EVIDENCE AND PREPARING FOR TRIAL IN FAMILY COURT

 

In divorce and child custody cases, evidence plays a critical role in establishing your claims and presenting a compelling case. Gathering evidence and preparing for litigation requires careful planning and attention to detail.

One of the first steps in preparing for litigation is to gather all relevant documents and records. This may include financial statements, tax returns, bank statements, employment records, and any other documents that support your claims.

In addition to documentary evidence, witness testimony can be crucial in establishing facts and credibility. Identifying and interviewing potential witnesses who can provide relevant information or support your case is an important part of the preparation process.

It is also essential to consult with your attorney to develop a strategic plan for presenting your evidence in court. This may involve organizing your documents, creating exhibits, and preparing a clear and concise narrative that effectively communicates your position.

 

THE IMPORTANCE OF DOCUMENTATION IN DIVORCE AND CUSTODY CASES 

 

Documentation is a critical component of divorce and child custody litigation. Thorough and accurate documentation can strengthen your case, provide a clear record of events, and support your claims.

When it comes to documentation, it is important to be comprehensive and organized. Keep a detailed record of all interactions, conversations, and incidents related to your case. This can include emails, text messages, voicemails, and any other form of communication.

In addition to documenting communication, it is also important to maintain a record of financial transactions, expenses, and any other relevant financial information. This can help establish a clear picture of the financial aspects of your case and ensure that all relevant information is presented to the court.

 

COURTROOM ETIQUETTE AND PROCEDURES 

 

When it comes to litigation, understanding courtroom etiquette and procedures is essential. Courtrooms are formal settings with specific rules and protocols that must be followed.

Dress appropriately for court appearances. You don’t need to wear a tux, but you shouldn’t be wearing a ripped Metallica T-shirt either.  Instead, aim for business casual.

Arrive early for court hearings on time.  Failing to appear on time could result in a default judgement.  A default judgement could grant your ex everything that they are requesting.

Also, be prepared.  Bring evidence and materials provided by your attorney.

During court proceedings, it is important to show respect to the judge, opposing counsel, and other parties involved. So, avoid making loud noises, exaggerated expressions, or talking out of turn. Finally, always speak clearly and respectfully.

Check out this informative vide for more information on courtroom etiquette in family court in Albuquerque, New Mexico.

 

 

THE PROS AND CONS OF LITIGATION IN DIVORCE AND CHILD CUSTODY CASES 

 

Litigation in divorce and child custody cases has both pros and cons that must be carefully considered.

One of the primary benefits of litigation is that it provides a formal and structured process for resolving disputes. The court system ensures that both parties have an opportunity to present their case and have their arguments heard. This can result in a fair and impartial resolution, particularly in cases where there is a significant power imbalance or complex legal issues involved.

However, litigation can also be time-consuming, expensive, and emotionally draining. Court proceedings can be lengthy, involving multiple hearings, motions, and delays. The costs associated with hiring an attorney, filing fees, and other expenses can add up quickly. Additionally, the adversarial nature of litigation can further escalate tensions and strain relationships, particularly in cases involving children.

It is important to carefully weigh the benefits and drawbacks of litigation and consider resolving your disputes through negotiation or settlement facilitation before proceeding with litigation.

Call (505) SANCHEZ and speak with a successful and time-tested Albuquerque trial attorney.

 

ALTERNATIVE DISPUTE RESOLUTION METHODS  

 

At times, litigation is unavoidable in divorce and child custody cases.  Nevertheless, it is important to explore alternative dispute resolution methods whenever possible. At times, resolving divorce issues through settlement facilitation creates a win-win situation.

Through settlement facilitation, both sides may win by avoiding the turmoil, expense, and time of litigation.  Life is short. So, it’s also essential to consider your mental health and quality of life.

In Albuquerque, settlement facilitation/mediation must be completed before a trial is set. Settlement facilitation involves a neutral third-party facilitating negotiations between the parties. Most divorce cases can and should be resolved through mediation.

Nevertheless, for the reasons discussed above, sometimes divorce or child custody litigation is unavoidable.

 

CHOOSING THE RIGHT PATH TO JUSTICE IN DIVORCE AND CHILD CUSTODY CASES

 

Navigating the legal maze of divorce and child custody cases can be overwhelming.  However, with the right knowledge, strategies, and legal representation, you can achieve the best resolution possible.

It’s essential to understand New Mexico’s legal process.  Next, you should consider the pros and cons of litigation.  When litigation is unavoidable, it is imperative to gather essential evidence to support your claims.

At times, litigation can be a harrowing experience. However, divorce and child custody litigation can also be a means to finding resolution and ultimately securing the best outcome possible.

Are you looking for an Albuquerque divorce and child custody attorney with exceptional trial skills?

Look no further.

Sanchez Legal Team has the top Albuquerque divorce and child custody attorney for your case.  Call (505) SANCHEZ and speak with Albuquerque’s best uncontested divorce, child custody, kinship guardianship, and restraining order litigation attorney.