Let’s explore the top contested divorce questions in Albuquerque, New Mexico.
You will better understand contested divorce by exploring these common questions.
CONTESTED DIVORCE DEFINITION
A contested divorce means that the divorcing spouses disagree about one or more legal issues.
In other words, the spouses “contest” or dispute a legal issue that is necessary to resolve the divorce.
This legal issue could involve how community assets or debts are divided. For instance, possibly the spouses contest how the marital home, or separate homes are divided.
Under New Mexico law, one spouse may have a community interest towards a home purchased before the marriage. Nevertheless, the spouses may disagree on the community’s interests in this separate home.
Moreover, spouses may disagree about alimony/spousal support. For instance, the couple may contest the alimony’s length or amount.
Finally, spouses may disagree about child related issues. These issues include custody, visitation, and support. Any child-related disagreement creates a contested divorce.
Are you facing a divorce? Do you and your spouse disagree about any legal issue needed to end your marriage?
You have a contested divorce.
WHAT IS THE DIFFERENCE BETWEEN CONTESTED AND UNCONTESTED DIVORCE?
Complete agreement is the difference between contested and uncontested divorce. Specifically, an uncontested divorce involves a complete agreement. This complete agreement surrounds all legal issues that are necessary to be divorced.
On the other hand, a contested divorce involves disagreement. For example, the spouses may disagree on any legal issue that needs to be resolved.
This legal issue may be how the marital home are divided. In other marriages, the disagreement may surround:
- Bank accounts;
- Tax debt;
- Student loan debt; or
- Credit card debt; or personal property.
In other words, any disagreement about how community property or debt is divided equals a contested divorce.
Watch this video for more information about how property and debt is divided during divorce.
Moreover, the disagreement may also surround children. For example, the divorcing couple may disagree on the appropriate visitation schedule.
In other marriages, the spouses disagree about custody or child support.
A contested divorce equals disagreement on these necessary legal issues.
Do you and your spouse disagree on any legal issue needed to end your marriage? If so, you have a contested divorce.
CAN A CONTESTED DIVORCE BE CHANGED TO UNCONTESTED?
Absolutely. At any time, a contested divorce can be changed to uncontested. A contested divorce can be changed to an uncontested divorce by changing disagreement to agreement.
For example, possibly spouses disagree on alimony. In this situation, the spouses may disagree on whether alimony applies. Moreover, the spouses may disagree on alimony’s length and amount.
This disagreement creates a contested divorce.
Nevertheless, the parties may resolve the disagreement. This change may occur through discussions or settlement facilitation.
In some cases, a spouse does not understand NM divorce law. This misunderstanding may lead to contesting an issue that otherwise could be resolved.
For example, possibly one spouse bought a home before the marriage. This home is then presumed to be separate property. With that said, the community may have an interest in the home when:
- The home is improved during the marriage through community money or labor; or
- Community money (i.e. money earned during the marriage) is used to pay down the home.
Despite this law, one spouse may refuse to recognize the community’s potential interest in the home. The two spouses disagree on a necessary legal issue. Consequently, the spouses have a contested divorce.
CHILD RELATED DISAGREEMENTS
In other situations, the spouses may have children. Additionally, one parent may demand sole legal custody. New Mexico law presumes that children are best served through joint legal custody. Nevertheless, one parent may demand sole legal custody.
In this situation, the parents have a contested divorce.
Finally, possibly the parents disagree on child support. Specifically, the parents may disagree on visitation. In turn the parents are unable to agree if child support should be a worksheet A or B.
Next, the parents may disagree about the other parent’s income.
Finally, the parents may disagree about:
- Travel expenses;
- Extraordinary expenses;
- Work-related child care expenses; or
- Insurance premiums paid for the children.
Consequently, the parents disagree about child support. Therefore, the parents have a contested divorce.
WHY WOULD SOMEONE CONTEST A DIVORCE?
There are several reasons that someone may contest a divorce.
First, someone might contest a divorce based on a misunderstanding of NM divorce law. For example, the person may misunderstand how community and separate property are divided during divorce.
Second, someone might contest a divorce to try and stall or prevent the divorce. Possibly a spouse desires to drag out the divorce process.
In some cases, these delay tactics stem from a desire to reconcile. In other cases, delaying or complicating the process stems from a desire for revenge, or to maintain control.
Third, someone may contest a divorce because the other spouse is making unreasonable demands.
Fourth, a divorce may be contested because the parties cannot communicate. As such, the parties cannot reach a complete agreement.
Fifth, a divorce can be contested when one spouse’s location is unknown. In this case, the requisite legal notice may need to be completed through publication.
HOW LONG DOES A CONTESTED DIVORCE TAKE?
Several common factors impact how long a contested divorce takes.
First, how long was the marriage?
Second, how many issues are being contested?
Third, how complex are the issues? For instance, did the marriage involve considerable homes, assets, business, and accounts? Moreover, does a spouse claim a community interest in separate property?
Fourth, does the divorce involve multiple debt sources. For example, does the divorce involve multiple credit cards, student loan debt, medical debt, or other debt?
Fifth, does the divorce involve children? If yes, is one parent claiming that domestic violence, mental health issues, or substance abuses issues makes the other parent unfit? Moreover, does the divorce involve a restraining order of protection?
Sixth, where is the divorce being filed? Is the divorce being filed in Albuquerque, Rio Rancho, or Los Lunas?
Some counties have more judges than others.
Moreover, some judges are busier than others. Consequently, a divorce in Rio Rancho may take longer than Albuquerque.
These common issues impact how long a contested divorce may take.
Ultimately, each contested divorce is different.
CONTESTED DIVORCE PROCEDURE
The contested divorce procedure begins with filing a petition/request for divorce. Usually, this request is coupled with a motion for pre-trial order.
The pre-trial order sets deadlines. In turn, these deadlines move the divorce forward.
Next, the parties complete divorce discovery. The discovery process may be light, medium, or heavy.
The divorce’s length, issues, and complexity impact how much financial information must be uncovered.
Once discovery is complete, the spouses must complete settlement facilitation. During settlement facilitation, a trained mediator attempts to guide the two sides towards a resolution.
If successful, the contested issues are resolved. If unsuccessful, the contested issues must be resolved through trial.
Nonetheless, the spouses must complete settlement facilitation before a divorce trial is scheduled.
HOW MUCH DOES A CONTESTED DIVORCE COST IN NEW MEXICO?
On average, a contested divorce usually costs somewhere $5,000 to $10,000.
With that said, each contested divorce is different.
Some contested divorces involve relatively short marriages. In turn, these short marriages may involve minimal community property or debt.
On the other hand, some divorces involve long marriages. These long marriages may involve considerable assets and debts.
Some contested divorces involve minimal financial discovery. Minimal financial discovery may be needed when both sides are informed about property and debt amounts.
Conversely, some contested divorces involve extensive financial discovery. An extensive discovery process may be needed:
- To uncover shady divorce moves; or
- When one spouse has exclusively handled the marriage’s finances.
Finally, a contested divorce’s cost depends on the court’s involvement. Sometimes, the divorce can be resolved with minimal court involvement.
Other times, the divorce may include extensive court involvement. This involvement may come through motions and requests for relief.
Check out this video for more information about contested divorce in Albuquerque, NM.
CONTSTED DIVORCE LAWYERS NEAR ME IN ALBUQUERQUE, NM
Do you still have questions about your contested divorce in Albuquerque, NM?
For over thirteen years, Matthew Legan Sanchez has handled contested divorces across New Mexico. Sanchez has the trial-tested and hard-fought experience to handle your divorce.
Talk to an affordable and excellent divorce attorney/lawyer. Talk to (505) SANCHEZ.
