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It is essential to understand the stages of a divorce trial in New Mexico, when a divorce cannot be resolved amicably.  A divorce moving forward to trial means:

At this stage in the divorce process, a judge must decide the issues. For better or for worse, the randomly assigned judge will decide how the remaining legal issues will be resolved.

Here are the individual stages of a divorce trial in New Mexico

 

EXHIBITS  — STAGES OF A DIVORCE TRIAL IN NEW MEXICO 

 

Exhibits are the backbone of a divorce trial.  Despite this fact, exhibits usually do not get the time or attention that they deserve.

Before a divorce trial it is important to think about how exhibits will flow with the story being told.  Are the exhibits in a logical order that flows with the story?  For instance, do the exhibits start at the beginning of the story and flow naturally to the end of the story?  On the other hand, are the exhibits haphazard and out of order?

Exhibits that are out of order can cause an awkward story that jumps back and forth to follow the scattered exhibits.  Ideally, exhibits should flow naturally. Scattered and out of order exhibits diminish credibility and one’s power of persuasion.  Haphazard and random exhibits can cause a disconnection between the story and judge.

Are the exhibits labeled properly?  For instance, the Petitioner’s exhibits are labeled with numbers (e.g. 1 – 10).    The Respondent’s exhibits are labeled with letters (e.g. A – Z).   It may seem like a small issue but mislabeling your exhibits can throw off your entire presentation.

Introducing exhibits can be stressful – especially when the other side is barking objections. Don’t lose your cool.  Breath and move along.  Most importantly, understand how to introduce exhibits such as text and email messages.

 

OPENING STATEMENT – STAGES OF A DIVORCE TRIAL IN NEW MEXICO

 

A divorce trial begins with each side making an opening statement.  The Petitioner goes first, and the Respondent follows.

The opening statement creates a mood that follows the case forward.   For instance, an effective opening statement tells an organized story with a coherent beginning middle and end.  This story introduces the people and facts involved with the divorce.

An opening statement is a story or explanation about what is expected to unfold during the trial – not an argument.  The opening statement is like a road map that guides the judge and plants seeds in the judge’s mind.  This road map should provide background information and depth to the story that will unfold during the trial.

 

TIPS FOR AN EFFECTIVE OPENING STATEMENT DURING DIVORCE TRIAL

 

TELL A STORY

 

Everyone loves an emotionally gripping and engaging story.  Opening statements are the first opportunity to tell a story.  Tell a story that engages the judge.  This story should humanize your position.  A good story will cause the judge to see a little of themselves in your position.  Also, a good story tells the judge that you are a reasonable and likeable person.

Aim to come across as reasonable and relatable.

 

ESTABLISH THE FACTS – GOOD, BAD, AND UGLY

 

An effective opening statement tells a story that establishes the important facts.  In telling the story, do not hide from the bad facts.  Take the sting out of bad facts by addressing and discarding them immediately.   After establishing the key facts, explain how the facts fall under New Mexico law.

 

DEVELOP A CASE THEORY

 

Every divorce trial should include a theory about the case and why a trial is necessary.

NM judges believe that most divorces should be settled at facilitation/mediation.  Do not expect your judge to joyfully greet you with open arms at divorce trial.

An effective case theory explains why a divorce trial is necessary.  In doing so, the theory explains how New Mexico law applies to the facts and supports your position.  The case theory also should explain why New Mexico law is on your side.

Go to court to win – not to lose.  Most divorces should be settled outside of court.  Going to trial should mean that the other side is making unreasonable demands.  The case theory explains why and how the facts support your legal arguments.

 

CONNECT WITH YOUR JUDGE

 

Judges are humans.  Humans tend to trust people that maintain eye contact when speaking.  Establish credibility by looking your judge in the eye.

Part of owning what is being said is to speak from the heart. To help achieve this goal, avoid reading rom a prepared script.  It is preferable to speak from your heart – and make mistakes – then to read from a prepared script.  Scripts come across as fake and robotic.  A prepared script connects you with the piece of paper that is being read – not the judge.

Speaking from the heart establishes credibility.

 

SAY WHAT THE FACTS WILL PROVE

 

A powerful opening statement tells a story about what the facts will prove.  Opening statements are roadmaps that tell what will be shown ahead.  An opening statement should be like a coming attraction – highlighting the facts that will unfold.

Tell your judge what the facts will prove. In doing so, outline what will be shown during direct and cross examination.

 

DIRECT EXAMINATION — STAGES OF A DIVORCE TRIAL IN NEW MEXICO 

 

Witnesses are called during direct examination to tell their story.  An attorney asks questions that guides the witness through the story.  The following witnesses may be called during the typical divorce trial:

  • Parties to the case;
  • Friends and family; or
  • Expert witnesses.

 

TIPS FOR AN EFFECTIVE DIRECT EXMAMINATION DURING DIVORCE

 

KNOW YOUR STORY

 

Knowing your story involves knowing the facts and legal theory.   Tell a little about yourself and humanize your case.  Know the important facts that apply to each legal issue.  Tell a story that is engaging and outlines the important facts.

 

KEEP IT SIMPLE

 

Speak with simple sentences.  Avoid technical terms.  Do not try to impress the judge with “purple prose” or complex sentences.

Complex and lawyerly words often cause testimony to appear rehearsed or coached.  Credibility often comes from simple words that are spoken from the heart.

 

SHOW – DON’T TELL

 

Direct examination is the time to develop the meat of the case by developing the facts.  Each legal issue should be addressed one at a time – with clear transitions between the issues.

Let’s say that the first issue being discussed is custody and visitation. Show that the children are best served in your home by talking about:

  • Each parent’s history of parenting and bonding with the child;
  • Ways that you have been the child’s primary caregiver prior to separation;
  • Work schedules that impact ability to care for the child;
  • Concerns regarding the other parent’s stability or consistency;
  • Concerns about substance abuse, mental health issues, domestic violence, or other issues; and
  • What visitation schedule has been followed since separation.

Now is the time to prove the statements that were made during opening statement. Show that the children are better served by discussing the elements above and fully developing each legal issue.

 

CROSS EXAMINATION – STAGES OF A DIVORCE TRIAL IN NEW MEXICO

 

Cross examination enables you or your attorney to question the other party’s witnesses about statements made during direct examination.

 

TIPS FOR AN EFFECTIVE CROSS EXAMINATION

 

ACTIVELY LISTEN TO DIRECT EXAMINATION

 

Divorce is stressful. On top of this stress, most people are terrified by the thought of speaking in public. These two factors often cause witnesses to ramble and make statements that hurt their case.  Stop thinking about what you are going to say – and actively listen to what the witnesses is saying.  Golden statements are missed by not actively listening.

 

REMEMBER YOUR CASE THEORY AND ASK QUESTIONS WITH A PURPOSE

 

It’s essential to have a clear destination in mind when asking cross-examination questions.  Don’t just ask questions for the sake of asking questions.  Instead, use short, leading questions that lead to a desired response.

Let’s say that the case theory for one issue is that the child is best served by living primarily in your home.  Short, leadings questions that lead in this direction include:

  • Isn’t it true that [other parent] works from home to care for the child?
  • You currently work long hours, from 8 A.M. to 7 P.M., correct?
  • You also work substantial overtime, including the weekends, true?
  • The [other parent] takes the child to all medical/dental appointments, right?
  • Isn’t it correct that the [other parent] helps the child complete homework?
  • The [other parent] also brings the child to baseball practice, right?
  • Isn’t it true that you separated on [date]?
  • Since that date [other parent] has had the child primarily, correct?
  • Since separation, you’ve only had the child every-other weekend, right?

As you can see, the questions are short and lead to a desired response. Don’t argue during cross-examination.  Don’t be overly hostile or aggressive.  Save your argument for closing statement.

The goal of cross examination is to get short answers that can then be weaved together to support your case theory.  Think about cross-exam as hitting singles – not homeruns.  Use short and leading statements to hit singles. Closing statement is the time to combine all the singles into a homerun that smashes your case theory about each legal issue.

 

KEEP IT SHORT AND START/FINISH STRONG

 

Judges dislike cross-examinations that aimlessly amble around without purpose.  Most judges are highly experienced and have a firm grasp on the issues from opening statements and direct examination.  Avoid asking the same or similar questions over and over.

Keep your cross-examination short and sweet.  Start with a punch. Hit the strong points with questions that lead the witness towards the desired answer.

Don’t ask questions unless you know the answer.  Asking an unknown question can quickly blow up, destroying one’s case.  Know the facts.  In doing so, know the answer to the question being asked.

People tend to remember the first and last thing that is said.  Use this tendency to your favor by ending your cross examination with a strong question.

 

CLOSING STATEMENT

 

Closing statement is your time to shine.  An effective closing statement brings the case full circle, connecting each element of the trial.  Now is the time to pull everything together, tying a bow on your issues and arguments.

A solid closing statement tells a story with passion.  The story is engaging and connects the uncovered facts with New Mexico law. An effective closing statement:

  • Briefly summarizes the law;
  • Summarizes evidence and how it relates to NM law;
  • Shuts down the other side’s arguments; and
  • Restates what is being requested and why the requests are supported by NM law.

 

NEW MEXICO DIVORCE AND TRIAL ATTORNEY THAT UNDERSTANDS THE STAGES OF A DIVORCE TRIAL IN NEW MEXICO

 

Matthew Sanchez has the battle tested experience to help you understand the stages of a divorce trial in New Mexico.  For over a decade, Sanchez has handled divorces across New Mexico, including: AlbuquerqueSanta Fe, Socorro/Estancia, Rio Rancho, Los Lunas/Belen, and Gallup/Grants.  Talk to (505) SANCHEZ today.

 

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