Contested Divorce

Contested Divorce in Albuquerque

Be Successful in Court with Our Divorce Attorneys

Some divorces are simple: Both parties agree that a divorce is necessary and negotiate the terms of the separation on their own or through one of our knowledgeable and experienced attorneys. These uncontested divorces, however, are in the minority. It’s much more common for the divorcing parties not to see eye to eye, resulting in a contested divorce. This is why having an experienced Albuquerque divorce attorney like those at Sandia Family Law is so important.

What is a Contested Divorce?

By definition, a contested divorce occurs when one party does not accept the terms of divorce laid out in the divorce petition. In some cases, the divorce is contested because one person does not want to divorce at all; they may wish to pursue a separation or other measure and continue to work on the relationship. In other cases, both parties wish to end the marriage, but there is disagreement over issues of property division, spousal support, child custody or other concerns.

how long does a contested divorce take

The duration of a contested divorce in New Mexico can vary widely based on several factors. Contested divorces occur when spouses cannot agree on key issues such as property division, child custody, alimony, and other matters, leading to a more complex and lengthy legal process. On average, a contested divorce in New Mexico might take anywhere from several months to over a year or more to reach a resolution. The timeframe is influenced by factors like the court's caseload, the complexity of the issues, the willingness of both parties to negotiate, and the need for legal representation.

The steps involved in a contested divorce can include filing the initial divorce petition, responding to the petition, discovery (gathering evidence and information), negotiation or mediation attempts, pre-trial motions, and, if necessary, a trial before a judge. The trial process itself can further extend the timeline, as scheduling, preparation, and court availability play a role. Efforts to settle disagreements through mediation or negotiation can significantly expedite the process, as they can lead to mutually acceptable agreements without the need for a trial. However, if resolution proves elusive and the case proceeds to trial, the timeline will likely be extended.

To navigate a contested divorce efficiently in New Mexico, seeking the guidance of an experienced Albuquerque contested divorce attorney is highly recommended. We can help you understand your rights, represent your interests, and work toward a resolution that aligns with your needs, potentially helping to expedite the process while ensuring a fair outcome.

What Happens Next?

A contested divorce does not necessarily need to end up in divorce court, although it is not uncommon for divorces to be litigated. However, at Sandia Family Law, we understand that different couples will have different needs – and in many cases, settling out of court is better. This is why we strive to provide our clients with as many options as possible and help them to make the best choice for their situation.

For example, a couple may negotiate the terms of a divorce through mediation. Or, if they are unable to come to an agreement on their own but would prefer to stay away from a public hearing, they may be better served by facilitation or arbitration. In some cases, appearing before a judge is in fact in a client’s best interests.

Because every situation is unique, we encourage you to contact us for a consultation. Together, we can help you through the divorce process with as little pain and hassle as possible.

Call (505) 544-5126 to schedule a consultation with an Albuquerque family law attorney today.


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