Divorce trials occur when there is an irreconcilable dispute between parties. They are seen as a last resort both by the courts and by the attorneys at New Mexico Financial & Family Law. When there is a dispute during the process of filing for a dissolution of marriage (divorce), the courts will refer the parties to a mediation service to resolve the dispute. The court then expects the parties to come forward with agreements that can form the basis of the court’s decree.
It is only after mediation fails and there are no signs of coming to an agreement that a divorce trial is undergone. Trial litigation is time-consuming, expensive, and stressful to all parties involved — including members of the court. The time and effort spent engaging in a divorce trial are often better put towards exploring alternative agreements with the other current spouse.
However, some individuals may find that there is no other way to have their wishes understood and their rights represented than through a divorce trial. The other party may refuse to accept the person’s terms, or they may be attempting to put forth an interpretation of the facts that do not seem consistent with reality.
In any case, those undergoing divorce trials will want an advocate who is knowledgeable of the law, familiar with New Mexico’s courts, organized, and who understands the factors the courts will look to most prominently when adjudicating a final divorce decree.
New Mexico Financial & Family Law can assist you through this process and help you seek to accomplish your goals through the divorce process. We prioritize coming to an amicable agreement between parties when possible, but we are also willing to assert your rights and justify your wishes through sound legal reasoning.
Schedule a no-obligation case review to speak with an experienced New Mexico family law attorney when you call (505) 503-1637 or contact us online today.
The Typical Divorce Process
A traditional divorce in New Mexico involves the filing of The Petition for Dissolution of Marriage in the District Court of New Mexico. Once the petition is filed, the parties engage in the discovery process which provides for disclosure of the assets, debts, and earnings of the parties. Applications may be made to the court for temporary support, temporary custody or to compel the other party to produce discoverable information.
The matter eventually is either settled by the attorneys on behalf of their clients or decided by a judge after a trial. The Divorce Decree, whether as the result of settlement or judicial determination, must address custody and visitation issues, child support, spousal support, and equitable distribution.
Court-Ordered Mediation During a Divorce Dispute
The New Mexico Family Court prefers being able to weigh a single proposal for property distribution, child custody, child support, and spousal support (if applicable). In situations where two parties present competing proposals, the court will order the parties to participate in mediation until a single agreement can be formed.
Divorce Trials Are a Last Resort in New Mexico
The court will typically only resort to a trial or a judgment decision if mediation repeatedly fails. In this case, the court will expect both sides to present their proposals for property distribution, child custody, child support, and spousal support (if applicable) along with the justification for each.
Each component of the divorce decree will be decided separately. When weighing property distribution matters, for instance, the court will attempt to distribute the property as equally as possible unless one side can demonstrate that such a division will be unreasonable or will present an undue hardship.
When weighing child custody matters, the court will consider the best interests of the child along with the wishes of the parents, and the reality of the circumstances that encompass schooling, the distance between parents, and the child’s typical schedule before the divorce.
The court will consider many factors before coming to a final decision regarding the most important divorce matters. The final divorce decree may reflect a combination of both sides’ proposals, but it may also be the result of an entirely new arrangement determined by the court to be the most appropriate given the circumstances and the factors the court prioritizes.
Look for a Strong Legal Advocate When Going Into a New Mexico Divorce Trial
When you are going through a divorce, you are likely experiencing one of the most stressful events you are likely to experience in your lifetime. Your divorce lawyer should be providing important guidance on all of your divorce-related issues during this difficult time.
Divorce cases may become complex due to issues involving financial assets and liabilities, spousal support, child custody, and child support. Sometimes, a case will have only one challenging issue, but it has important emotional or financial issues attached that make it difficult to resolve. You want and need the support of an experienced attorney who can assist you through all of the processes and, when needed, call upon experts to support your case.
New Mexico Financial & Family Law knows the law, knows the system, and can provide wise and experienced counsel that often provides the key to resolving challenging situations. We have a proven success record in achieving results through negotiation or mediation, and, where mediated results cannot be achieved, prevailing in litigation.
You want a divorce lawyer who knows New Mexico Divorce Law, is your strongest advocate, and who will represent all of your interests and those of your children. We have a long and proven record, with decades of combined experience, in getting fair results for our clients. You also want an attorney who can connect you with the support structure you may need during difficult times. Please contact our firm when you need help in getting the results you want.
Schedule your no-obligation consultation today when you call (505) 503-1637 or contact us online.