Albuquerque Contested Divorce Attorney

Living through a contested divorce can be an emotionally trying and complex process. When you and your spouse cannot agree on important issues like asset division, alimony, or child custody, it falls to the courts to decide these matters for you.

As your experienced Albuquerque contested divorce attorney, The Law Office of Anthony Griego, LLC guides clients through the divorce process with compassion and skill so you can move forward to the next chapter of your life.

A contested divorce differs from an uncontested or amicable divorce in that unresolved disputes between you and your spouse must get settled through litigation or alternative approaches like mediation. As your legal counsel and representative, we aim to achieve outcomes in your favor while also preserving civility with your ex whenever possible. This goal is especially critical when children are involved.

Below are some of the most disputed issues in contested divorces and an overview of the process. Knowledge truly is power when dealing with sensitive legal matters, so the more you understand what to expect, the better prepared you'll feel.

Critical Issues in Contested Divorces

While no two divorces look exactly alike, these areas often become significant issues requiring court intervention when couples cannot agree:

• Asset and Debt Division - How to split marital property and debts equitably rarely comes without contention—factors like the length of your marriage, assets brought into the marriage, and more impact division.
• Child Custody - Courts determine custody (physical placement) and legal decision-making authority based on the child's best interests. Expect a thorough examination of parental fitness issues.
• Child Support - Guidelines exist to calculate payments based on custody levels and income, but complications frequently arise requiring court input.
• Alimony Determination - Judges have broad discretion on alimony in New Mexico, often making this contentious. When deciding, the court examines factors like the standard of living established during marriage, income levels, and more.

Overriding Every Issue Is What a Judge Determines to Be Equitable

Judges must divide assets and debts "equitably." Equitable doesn't always mean a precisely equal 50-50 split. The same applies to child custody, where "the child's best interest" prevails.

An experienced contested divorce lawyer well-versed in New Mexico laws can forecast likely outcomes and fight to secure you the most favorable resolution possible.

The Contested Divorce Process and Timeline

Every divorce follows the primary stages:

• Filing of Initial Petition - The divorce process begins with one of the spouses filing a petition with the court requesting divorce. The other spouse must receive formal service of process notification.
• Temporary Orders - Because contested divorces take time, temporary orders establish financial support obligations, custody arrangements, and more while the case runs its course.
• Discovery Phase - We collect evidence and information about disputed issues through interrogatories, depositions, requests for admission, and more.
• Settlement Negotiations - Before proceeding to trial, we fiercely negotiate, seeking to resolve some or all disputes through settlement agreements.
• Litigation/Trial = We argue your position in court if there is no settlement between the two parties. The judge then issues final rulings after taking testimony and reviewing evidence.

The Law Office of Anthony Griego, LLC -The Contested Divorce Team You Want by Your Side

A divorce trial can be grueling, arguing evidence and testimony for multiple days in court. Emotions and tensions run high. Experienced legal counsel makes all the difference, giving you the confidence and strength to protect your rights and interests when they matter most.

Contact Us Today

To discuss your options with an understanding Albuquerque contested divorce attorney, contact The Law Office of Anthony Griego, LLC today at 505-417-2729 for a free case assessment.