Leading Financial and Family Law Attorneys
Details Regarding New Mexico Divorce Trials
Divorce Trials in New Mexico Is An Option When Parties Cannot Come to An Agreement.
Although litigation is always an option the first thing one needs to understand about divorce litigation is that, if possible, litigation (going to trial) is something to avoid. The reasons are numerous and some of them are addressed in our Divorce Mediation page. However, there are times and circumstances where divorce litigation is not only unavoidable but the best option available. Sometimes the other person is so dishonest or uncooperative that divorce litigation is essential. You can contact our firm for information or an initial consultation.
New Mexico Divorce Law – Divorce Trials Documentation
Where the difference lies is in how this information may have to be collected in an adversarial environment and depositions may have to be taken, experts in valuation of property and businesses can be called upon by, for example a Forensic CPA. Forensic accountants not only utilize their accounting and auditing skills, but also use their investigative skills to determine what events actually took place in a financial setting. New Mexico Financial and Family Law, when appropriate, calls on highly qualified financial experts to support our clients in divorce litigation proceedings.
New Mexico Divorce Law – Divorce Trials Investigations
New Mexico Divorce Law – Trial Expectations
- Interviews – Counsel (Lawyers in New Mexico Financial and Family Law)
- Depositions – Opposing party and/or third parties
- Stipulations – Specifying or arrange in an agreement
- Filing complaint for divorce and have a summons and copy of the complaint served on your spouse.
- Motions (written requests to the court) for temporary orders may be filed and served on your spouse.
- Hearing on motions will take place after your spouse directly or through opposing counsel have been notified.
- Temporary orders are issued by the court after a hearing. Both parties have a chance to speak through their lawyers or may speak for themselves.
- Discovery and Exchange Financial statements and other information must be exchanged. The investigation or discovery of information relative to the case, like the identification and valuation of assets; psychological profiles of the parents and children, if custody is an issue; employability of the parties, etc. occurs here. It is at the conclusion of this phase that many divorces pursuing a litigated path may be settled.
- Request for Pretrial Conference: If the case is not settled after discovery is completed, your attorney will ask the court to schedule a conference with the judge. Prior to meeting the judge, you and your spouse must meet in person with your lawyers. The only exception: if you have an abuse prevention order, you are not required to meet in person. If you do not reach an agreement, your lawyer must prepare a pretrial memorandum outlining your case, including the relevant facts and law.
- Pretrial Conference: The judge will read the pretrial memoranda prepared by both parties’ lawyers and will give an oral opinion on the parties’ respective presentations. The conference usually takes place in the courtroom.
- Request for Trial: If the parties fail to settle as a result of the judge’s remarks, the lawyers will request a trial date. Depending on the court’s docket, the parties must wait many months before the trial date is scheduled.
- Trial: Divorce trials take place before a judge without a jury. Most divorce trials take two to three days.
- Proposed Findings of Fact, Rulings of Law and Judgment: Your lawyer prepares and submits what you would like the judge to do after trial.
- Final Decree: This is the final judgment in your case. At this point the marital community is “severed” meaning your income and property awarded belong to you alone, and the same for your ex-spouse. It also means that there is no possibility of accumulating any more “community debt.” You are legally allowed to remarry after the Final Decree. The child-related terms and alimony provisions of the judgment remain in effect unless and until a material change in circumstances occurs, in which event you may file a complaint for modification. Property issues are not subject to modification.
Contact New Mexico Financial and Family Law Today to Schedule an Initial Consultation!