Divorce is a challenging and emotional experience, especially when both parties do not agree on the terms of separation. If you are facing a contested divorce, it’s important to understand your rights, the legal grounds for divorce in New Mexico, and the steps involved in resolving disputes. At Genus Law Group, our team of expert family law attorneys are here to guide you through the complexities of a contested divorce and help you move forward. For personalized assistance, call us at 505-317-4455 or Contact us through our website.
What Is a Contested Divorce?
A contested divorce occurs when spouses do not agree on key issues such as property division, child custody, or spousal support. This type of divorce often requires court intervention to resolve disputes, making the process more complex and time-consuming than an uncontested divorce. Having the right family law attorney by your side can not only simplify the process, but ease the emotional toll a divorce can take on you.
Grounds for Contested Divorce in New Mexico
New Mexico recognizes three legal grounds for a contested divorce. To proceed, you must demonstrate one of the following:
- Abandonment: This applies if your spouse has left the marriage with no intention of returning.
- Adultery: Having sexual relations with someone outside the marriage is considered grounds for divorce, unless it was non-consensual.
- Cruel or Inhuman Treatment: Emotional or physical abuse may qualify as cruel and inhuman treatment.
It’s essential to consult with an attorney to determine which grounds apply to your situation and how to present evidence effectively.
When Is a Contested Divorce the Right Choice?
While uncontested divorces are typically faster and less expensive, there are situations where a contested divorce may be necessary, such as:
- Ending the Marriage: If your spouse refuses to agree to a divorce, filing a contested case may be your only option.
- Asset Protection: A contested divorce can ensure a fair division of marital assets, especially if you suspect your spouse is hiding property or income.
- Fair Support and Custody Agreements: Contested divorces allow the court to decide on alimony, child support, and custody arrangements that align with New Mexico law and your family’s best interests.
Your lawyer can help you evaluate whether a contested divorce is the best path for your circumstances.
Steps in the Contested Divorce Process
Navigating a contested divorce involves several key steps. Understanding the process can help you prepare and feel more in control.
1. File the Divorce Petition
The process begins when you file a divorce petition in your district court. This document outlines your grounds for divorce and any initial requests regarding property, custody, or support. You will also need to pay a filing fee.
2. Respond to the Petition
Once the petition is served, your spouse typically has 30 days to respond. They can either agree to the terms or contest them, which sets the stage for negotiation or court hearings.
3. Gather Evidence
Reliable evidence is crucial in a contested divorce, especially if your case involves disputes over assets, custody, or grounds for divorce. This may include financial records, witness testimony, and documentation of misconduct.
4. Negotiations and Mediation
In many cases, couples attempt to resolve disputes through negotiation or mediation before going to court. Mediation can be a less stressful way to reach an agreement on key issues, saving time and money.
5. Court Hearings
If negotiations fail, the case proceeds to court. Both parties present their evidence and arguments, and the judge makes decisions on unresolved matters. The process may require multiple hearings, depending on the complexity of the case.
6. Final Decree of Dissolution
Once all issues are resolved, the judge signs a final decree of dissolution of marriage. This document formalizes the end of your marriage and outlines the terms of your divorce.
Challenges in a Contested Divorce
Contested divorces can be emotionally and financially draining. Common challenges include:
- Lengthy Process: Disagreements can prolong the timeline, especially if court hearings are required.
- Emotional Stress: Conflicts over sensitive issues like custody or finances can create tension and anxiety.
- Increased Costs: Legal fees, court costs, and other expenses are often higher in contested divorces.
Working with an experienced attorney can help you navigate these challenges and focus on your future.
Tips for Navigating a Contested Divorce
While every divorce is unique, there are strategies that can make the process more manageable:
- Stay Organized: Keep track of important documents, such as financial records and communication with your spouse.
- Focus on Facts: Emotional arguments can hinder your case. Stick to presenting clear evidence that supports your claims.
- Communicate Through Your Lawyer: To minimize conflicts, let your attorney handle interactions with your spouse or their legal team.
- Consider Mediation: If possible, explore mediation as a way to resolve disputes without going to court.
Why Choose Genus Law Group for Your Contested Divorce?
At Genus Law Group, we understand that divorce is a deeply personal and often challenging process. Our experienced family law attorneys are dedicated to protecting your rights and guiding you toward a resolution that works for your family. We offer:
- Tailored Legal Advice: Every divorce is different, and we’ll create a strategy that meets your unique needs.
- Strong Advocacy: From mediation to court hearings, we’ll fight for your best interests.
- Comprehensive Support: Whether you need help with property division, custody, or support, we’re here to assist you every step of the way.
If you’re facing a contested divorce, call us at 505-317-4455 to schedule a consultation or Contact Us through our website.
Contact Genus Law Group Today!
Contested divorces can be complex, but with the right legal guidance, you can protect your rights and move forward with confidence. Our team of Albuquerque Family Attorneys are standing by ready to help you. Whether you’re dealing with disputes over assets, custody, or support, Genus Law Group is here to help. Contact us today at 505-317-4455 to discuss your options and start the next chapter of your life.
