Albuquerque Contested Divorce Attorneys

The process of filing for a contested divorce will typically include the following steps:

1. File a petition. First, the petitioning spouse must file Form 4A-102 (Petition for Dissolution of Marriage without Children) or Form 4A-103 (Petition for Dissolution of Marriage with Children). The other party will have 30 days to file a response.
2. Discovery. During this phase, the attorneys for each party will gather documents, statements, financial records, and other relevant information that may prove useful to their clients.
3. Temporary motions. While the divorce is pending, either party may file a temporary motion for the court to decide issues like asset control, child custody, and legal fees. If granted, these motions are only valid until the divorce resolution.
4. Resolution. A contested divorce is generally resolved in one of four ways: a settlement (both parties reach a mutual agreement), reconciliation (both parties agree to dismiss the proceedings), mediation, or trial (the parties cannot reach an agreement and require intervention from a judge).

New Mexico is a community property state, meaning any debt or property acquired during the course of the marriage is considered “community property” and is subject to equal division. Some key exceptions include property owned by one spouse prior to the marriage, assets covered by a nuptial agreement, or separate gifts or inheritance.

Spousal support or alimony refers to court-ordered payments from one spouse to the other after a divorce. Its purpose is to help the receiving spouse maintain financial stability, especially if there is a significant difference in earning capacity or one spouse was financially dependent on the other during the marriage.

The court considers various factors to determine the need for spousal support, such as:

• The length of the marriage
• Each spouse’s financial needs
• The supporting spouse’s ability to pay
• The standard of living during the marriage
• The income and education level of each spouse

Depending on the situation, alimony payments can be temporary, short-term, or long-term. Because New Mexico is a “no-fault” state, the parties’ conduct during the marriage essentially has no impact on alimony decisions, making it crucial to have an experienced lawyer on your side.

Unlike child support, alimony is not automatically awarded by family courts. Instead, it must be requested by the lower-earning or non-earning spouse. Whether you’re seeking support from your spouse or trying to avoid it, our lawyers have a deep understanding of these influencing factors to help you pursue a just outcome.

The timeframe for a contested divorce depends on the complexity of the case, but generally takes several months to a year or more to resolve. Our firm can help you streamline the process by assisting with timely petition filings, court dates, and other legal intricacies to prevent potential delays and advocate for a fair and swift resolution.

In New Mexico, family courts generally require mediation in contested divorces involving child custody or timesharing. This process is designed to encourage cooperation and minimize conflict. The court may order parties to participate in mediation to resolve custody disputes before proceeding to trial (NM Stat. § 40-12-5). Our contested divorce lawyers can help you prepare for court-ordered mediation and advocate for a fair, practical agreement while protecting your parental rights at every step.