Albuquerque Divorce Attorney

woman taking off wedding ring

Getting divorced is not something you do on a whim. It’s a last resort, the end result after many private conversations and attempts to course-correct. It’s a recognition that your marriage, as it exists, is no longer sustainable. 

Taking this path means you believe that a better future exists, and Attorney Bob Matteucci is ready to help you work towards it. As a former business owner who was inspired to go to law school after getting divorced, he understands better than most how life-altering this legal process can be. Bob draws from his personal experience as well as the skills he has acquired as a family law attorney to help folks in the Albuquerque area minimize disruption and preserve what matters most as they navigate the divorce process.

Different Types of Divorce 

Being deliberate about divorce means choosing to focus on the future. Instead of dwelling on the past or blaming your former partner, you maintain your respect for one another, are committed to co-parenting, and have a shared goal of protecting your children, businesses, and professional reputations. 

This approach to divorce is fostered by New Mexico’s no-fault divorce laws, which say neither spouse must prove wrongdoing to obtain a divorce. But just because a divorce is amicable, does not mean it is uncomplicated. In fact, complexity often increases when both parties want to “do this right.” 

Modern family dynamics, the need to divide significant assets like closely held businesses or real estate holdings, and the recognition that divorce will likely impact your retirement plans all mean you need to choose the type of divorce that best fits your family and financial situation. 

Attorney Bob Matteucci can help you weigh the pros and cons of different divorce processes, and find one that fits your family’s needs.

Self-Help Divorce 

If you have only been married a short amount of time, you don’t have any children or significant assets or debts, and you agree with your soon-to-be-former partner on all aspects of your separation, you can use the New Mexico court system’s self-help forms to divorce without the assistance of an attorney. 

Uncontested Divorce

This is for couples who agree on the terms of their divorce, but don’t feel comfortable filling out the forms and filing them with the court themselves. Attorney Bob Matteucci can counsel you as you make decisions about your split, and draft and file all of the documents required by the state to formalize your agreement.

Traditional Divorce

The majority of divorces filed by people in the Albuquerque area are traditional divorces. One party files for divorce, and serves the other with divorce papers, and each spouse hires an attorney to represent their interests. The attorneys will negotiate the terms of the divorce, and draft all the documents that need to be filed with the court — like a marital settlement agreement, parenting plan, and petition for dissolution. The Matteucci Family Law team can assist the vast majority of couples that file for traditional divorces. 

Settlement Facilitation

In New Mexico, if the attorneys of either party cannot negotiate a traditional divorce settlement, the attorneys or the judge may have the parties and attorneys participate in settlement facilitation. In settlement facilitation, a neutral third party, who could be a family law attorney or a retired family law judge, will have the parties and attorney participate in a, typically, one-day negotiation process. One party and their attorney will be in one room and the other party and their attorney will be in another room. The facilitator will go back and forth between the rooms and work to settle the divorce and/or custody matter. More often than not, settlement facilitations are successful and the parties are divorced soon after the facilitation. If the settlement facilitation fails, there is a good chance the case will go to trial.

Mediated Divorce

Mediation is the preferred choice of couples who generally agree on the terms of their divorce but need assistance resolving a few high-stakes conflicts or fairly dividing complex assets. The mediator, a neutral third party, works towards steering both sides to a mutually acceptable resolution, and drafts all the paperwork necessary to formalize the divorce. 

Attorney Bob Matteucci is frequently called up to mediate disputes for couples who have complex finances — like business owners, professionals, artists, and entrepreneurs. He puts his MBA degree and business background to work to help the parties reach a fair and balanced resolution.

Collaborative Divorce

Couples in the Albuquerque area who still trust and respect one another, but no longer want to be married to each other, are increasingly opting for collaborative divorce. Attorney Bob Matteucci is one of a handful of lawyers in New Mexico who are certified to guide couples through this process, which brings financial planners, accountants, and family counselors to the negotiating table.

Military Divorce

Like many aspects of life when one or both partners is serving in the military, divorce is not as straightforward as it is for civilian couples. Whether you are stationed at Cannon, Holloman, Kirtland, White Sands, Los Alamos, or have some other link to New Mexico, Attorney Matteucci is ready to help guide you through the divorce process.

Same-Sex Divorce

Same sex couples who are splitting up face many of the same issues upon divorce that heterosexuals do. However, there are some additional hoops that some same sex partners must jump through if they want to ensure they enjoy the same rights and protections as heterosexuals post-divorce.

Aspects of Divorce Our Albuquerque Family Law Practice Handles

Bob Matteucci is well-prepared to counsel you as you tackle the topics most divorcees must cover, such as:

But thanks to his business background, Bob has also developed a reputation as the go-to attorney for business owners, professionals, and couples who share other complex or uniquely valuable assets.

Navigating Complex Divorces for Business Owners, Professionals, and High-Asset Couples

If you had told a young Bob Matteucci that he was destined to become a family law attorney, he would have laughed. Law was the furthest thing from his mind as he prepared to become the fourth generation to run his family’s thriving retail shoe business. 

Bob spent untold hours learning the business, and even got an MBA degree from Tulane. Then he got divorced. The financial and emotional toll of divorce pushed Bob in a new direction: to law school. 

After graduating from the University of New Mexico, Attorney Bob Matteucci dedicated himself to becoming the sort of lawyer he and his family needed — one who understands both business and divorce. Someone who can handle things like:

There is no other lawyer in the Albuquerque area who appreciates how closely the welfare of a business and the family who run it are intertwined, and how to protect the needs of both during a divorce. He’s been in your shoes (pun intended), and is ready to help you and your family find a path forward.

Commonly Asked Questions About Divorce in Albuquerque

How long does a divorce take in New Mexico?

Most cases are resolved in a few months. The biggest barrier to quick divorce is your attitude. Divorces drag when people get stuck in the past, fight over every detail, or refuse to compromise. On the flip side, when both parties are emotionally ready and eager to move forward, things can move quickly.

Do we have to go to court?

Yes. Every divorce must be approved by a New Mexico family court judge. This, however, does not mean that you will need to air your private business in court. Most divorce settlements are negotiated behind closed doors and rubber stamped by a judge. Therefore, you may never have to visit the courthouse. 

Do you need a lawyer for a divorce in Albuquerque?

Technically no, realistically yes. If you have a simple, uncontested divorce, you may be able to use the state’s self-help forms to DIY it. However, if you have children, significant assets or debts, or if your spouse is not cooperating, you are going to want to hire a divorce lawyer.

Does it matter who files for divorce first? 

Filing first does not have a significant impact on the outcome of most divorces, but filing first can give you a procedural or physiological advantage.

Serving Families with Dignity & Compassion 

Divorce in New Mexico does not have to be combative or chaotic. With the right guidance, it can be a structured transition — one that protects your family, your finances, and your future. 

Attorney Bob Matteucci is ready to use his legal knowledge, business insight, and a deep understanding of New Mexico family law to guide you through the divorce process. Contact him today to set up a meeting.