People considering divorce often wonder, “Is it Worth Contesting a Divorce Case in Albuquerque, New Mexico?” First, it’s important to understand the difference between an uncontested and contested divorce in New Mexico.
Uncontested divorce means a complete agreement. The key word here is complete. You see, any disagreements lead to a contested divorce.
Therefore, a contested divorce means that both sides do not agree on every legal issue necessary to end the marriage.
For example, spouses that do not agree on alimony, dividing community property, or child custody or visitation have a contested divorce. On the other hand, spouses that agree on every legal issue have an uncontested divorce.
This begs the question, “Is it Worth Contesting a Divorce Case in Albuquerque, NM?” Specifically, does it make financial and emotional sense to contest a divorce?
Here are some factors to consider.
DO YOU UNDERSTAND NEW MEXICO DIVORCE LAW?
Are you wondering if it is worth contesting a divorce case in albuquerque, nm? If so, you first need to understand New Mexico uncontested and contested divorce law. Particularly, you need to understand how community property is divided.
Next, it is essential to understand how alimony/spousal support works. For example, do you have a valid spousal support/alimony claim?
Finally, you need to understand how your spouse’s settlement offer aligns with NM divorce law. With some situations, the offer is fair and matches New Mexico divorce law. In turn, the reasonable offer may lead to an uncontested divorce.
In other situations, the offer is lop-sided and self-serving. Particularly, the offer may not reflect New Mexico’s unique laws. Consequently, the unreasonable offer may create the need for a contested divorce.
Does your spouse’s proposed divorce settlement reflect New Mexico Divorce law?
ARE YOU THE UNREASONABLE PARTY IN DIVORCE CASE IN ALBUQUERQUE, NM?
The next step towards deciding if it is worth contesting a divorce case is to consider if you are making unreasonable demands.
At times, contested divorces are caused by unreasonable demands. These demands may not mirror our New Mexico divorce laws.
For example, possibly one-party refuses to pay alimony because of an affair. Nevertheless, NM divorce alimony laws are never based on fault. Consequently, this refusal may be unreasonable.
In other cases, one spouse refuses to split community property or debt.
Finally, some spouses demand time-sharing that does not reflect a child’s best interests.
Are you the unreasonable party In divorce case in New Mexico? In your unique divorce case, are you making demands that do not mirror NM divorce law? If so, then the cost of contesting your divorce probably outweighs the benefit.
LOGIC VS. EMOTION – IS IT WORTH CONTESTING A DIVORCE CASE IN NEW MEXICO?
Logic and emotional thinking operate on two different wave lengths. In some divorces, one side is thinking emotionally – not logically.
For example, one spouse may be angry about why the marriage is ending. Consequently, the angry spouse may allow negative emotions to override logical thinking. For example, anger may override a spouse’s ability to accurately weigh the cost vs. benefit of extended litigation.
Conversely, guilt may lead to rolling over and accepting a bad settlement offer. Possibly one spouse feels guilt about why the marriage is ending. Consequently, this spouse agrees to:
- Waive alimony;
- Receiving less than half of the community property built during the marriage; or
- Accept less child support than provided by New Mexico child support laws.
Are you thinking emotionally? Is this emotional thinking impacting your ability to appropriately weigh an offer against New Mexico divorce law. If so, this probably is impacting your ability to logically decide if settlement reflects your best interests.
SOMETIMES YOU WIN BY STAYING OUT OF THE RING
You’ve likely heard the cliché of spending thousands of divorce dollars to fight over a kitchen rug. At times, spouses throw good money at bad money during uncontested and contested divorce. In doing so, both sides may spend good dollars fighting over bad pennies.
Sometimes you win by staying out of family court. At times, you win in divorce by not allowing emotional thinking to short circuit logical reasoning.
With that said, sometimes this is easier said than done. For example, sometimes a bullying or controlling spouse files an unreasonable motion. Possibly this motion is being filed to maintain a sense of control.
Otherwise, possibly the motion is being filed to “get under your skin.”
In other situations, a bitter spouse may make a losing argument based on anger. Possibly this angry spouse subconsciously desires to lose in court to continue feeling like the victim.
Ultimately, you must decide if it is worth staying out of the ring. Sometimes you win by refusing to lower yourself to your spouse’s level by fighting in court.
PROTECT CHILDREN FROM UNFIT PARENT
Sometimes a contested divorce is unavoidable. In other words, not all divorce case issues can be resolved amicably with an uncontested divorce.
Is your ex demanding child full custody or parental visit that does not best serve your child? For example, is your ex demanding 50-50, or unreasonable parental visitation schedule despite:
- Never being fully involved with the child; or
- Having a drug or alcohol problem that endangers the child?
In this situation, a contested divorce may be inevitable.
STOP BULLYING HUSBAND OR WIFE
Are you married to a bullying or controlling husband or wife? Is your bullying husband or wife angry about your divorce?
Alternatively, are you married to a controlling husband or wife? If yes, does your controlling husband or wife refuse to let go of your marriage?
In either situation, you may be heading towards a contested divorce. You see, some spouses refuse to let go. When this happens, the controlling or bullying spouse can make a civil divorce impossible.
An uncontested divorce may be unrealistic when an angry or bullying spouse:
- Makes unreasonable settlement offers;
- Files unnecessary motions to maintain a sense of control; or
- Abuses the other spouse and creates the need for a restraining order of protection.
Ultimately, a messy and contested divorce case may be necessary to stop a bullying husband or wife. In this respect, a restraining order of protection may be necessary to protect a domestic violence or family violence victim from future abuse.
Do not allow your husband or wife to bully you with divorce case. You need a hard-hitting and experienced family violence lawyer/attorney that fights against family abuse.
IS IT WORTH CONTESTING A DIVORCE CASE IN ALBUQUERQUE – IT ALL DEPENDS
Are you still wondering if it is worth contesting a divorce case in Albuquerque, NM? If so, it all depends. You see, it depends on your unique marriage and facts.
Possibly you need to better understand how New Mexico law applies to your divorce. Alternatively, potentially you are making unreasonable demands based on jealously, anger, or revenge. Otherwise, maybe you are fighting false allegations in family court. Ultimately, every marriage and divorce are different.
In the end, it is essential to speak with the best divorce and custody lawyer for you. Whether looking for contested and uncontested divorce lawyers for men or women, one of New Mexico’s best divorce lawyers can help you decide if it is worth contesting your divorce.
LOCAL FAMILY & DIVORCE LAWYER/ATTORNEY FOR MEN/WOMEN
Sometimes it isn’t worth contesting a divorce in New Mexico. In other situations, uncontested divorce isn’t a realistic option. In either case, you need an experienced divorce lawyer on your side. A tested and trusted custody and divorce lawyer can help you understand the cost and benefits of fighting your divorce case in Albuquerque, NM.
For over a decade, Sanchez has handled contested and uncontested divorces. Call a divorce and child custody attorney that understands NM. Call (505) SANCHEZ today.
