No one enters a marriage expecting it will one day end in divorce. But if your marriage can’t be saved, it’s time to start preparing for the next step. Divorce legally terminates the marital relationship, and carries with it a number of consequences that affect your property, finances, and children. Just as every marriage is unique, every divorce is too. You need the dedicated legal representation that Attorney Bob Matteucci can provide.
Divorce and Related Issues
Marriage is much more than the legal recognition of the spousal union. So when a marriage ends, there are several other issues that also have to be addressed. A New Mexico family law attorney should be experienced and ready to handle such related matters as:
- Division of marital assets, debts, and liabilities
- Complex and high net worth divorces
- Divorces involving assets that are difficult to evaluate
- Spousal support, also called alimony
- Child custody and visitation
- Child support
- Civil domestic abuse
- Modification of spousal support and child support
- Modification of child custody and visitation
- Legal separation
These, along with many other issues, may be a part of your divorce. Every marriage is different, so one of the key things you will discuss with your attorney is all of the necessary matters that have to be addressed. That’s to ensure the divorce is comprehensive and both parties can move on.
Possible Divorce Options that May Work for You
There’s no such thing as a typical divorce. Depending on your individual circumstances, and the presence of issues like those listed above, your divorce will be unlike anyone else’s. An experienced divorce attorney understands that creative, client-based solutions are the best way to bring a marriage to a close. With that in mind, here are some possible options to consider:
Uncontested divorce. Spouses who agree on major issues connected with their divorce, such as property and debt division and child custody, may be able to pursue an uncontested divorce. The advantages of this type of divorce are obvious: less time, less money, less stress, and not having to appear in court.
It’s important to bear in mind that even if you and your spouse are 100% on the same page, you need an attorney who can draft and file certain necessary court documents. These documents need to not only clarify the respective rights and obligations of the spouses but need to be in compliance with applicable New Mexico family law statutes. The paperwork must also be comprehensive and resolve all outstanding matters related to the marriage.
Traditional divorces. In a traditional divorce, both parties have attorneys who attempt to negotiate without litigating (in other words, going to court). If the parties cannot reach a fair resolution, they may participate in a settlement facilitation, which is described below. However, when settlement facilitation is not successful, the case will be brought to court. Remember, most divorces never go to court. If both attorneys are knowledgeable and experienced, they will negotiate settlements that are fair to both parties.
Mediated divorce. A mediated divorce is, as the name implies, one that is resolved by way of mediation. If you and your spouse are mostly in agreement, but you need help settling a few things or working out the details, consider mediation. This is also an option where the parties filed for divorce and decided at a later date to settle their differences out of court. A mediated divorce can save significant time and money.
Bob Matteucci is an experienced mediator. As a neutral party (mediator) he will help both spouses find solutions that they can agree upon. During mediation meetings, Bob will facilitate positive discussions and help the parties work towards an agreement. He will advise you as to the legal consequences of any potential decisions you make. Mediation, however, only works where the spouses a some level of trust
Traditional divorces can also have a mediation component. Many times, both parties will have attorneys, but negotiations between the attorneys are unsuccessful. In these cases, the parties may participate in a settlement facilitation. Settlement facilitations can be one-half day or all day long depending on the number of issues that need to be addressed. A neutral party, typically a retired family law judge or an experienced family law attorney, will help the parties with their attorneys as their advocates, negotiate a settlement. At the facilitation location, each party will be in a separate room with their attorney. The facilitator will meet with each party and their attorney to find out about divorce issues and work between the two rooms to negotiate a settlement. Settlement facilitation is a good way to settle a divorce if the parties’ attorney can provide the facilitator with the proper information regarding all the issues involved in the divorce.
Collaborative divorce. Most people think of divorce in terms of winners and losers. This fuels much of the animosity in family law and is one reason why cases often drag out. Collaborative divorce offers a different path forward. Although the parties are still divorcing, they will work together towards an amicable ending to the marriage where everyone can be satisfied with the results. The parties and their attorneys are in charge of the process from start to finish.
Collaborative divorce is more intensive and involved than a mediated divorce. For example, the parties will have an attorney ready to walk them through the complexities of divorce from a financial, parenting, and emotional perspective. Bob Matteucci represents clients in collaborative divorces, and we can explore whether this option is right for you. In most successfully collaborative divorces, however, the parties need to have some level of trust in their spouse.
Litigated divorce. Bob Matteucci takes a client-focused approach to divorce. So we understand that an outcome that minimizes anxiety, time, and expense is best. But we also recognize that this isn’t always possible. Litigation may be necessary for your divorce where the above options are not realistic. For example, the other spouse may be committed to having his or her way and refusing to compromise with you. Or there may be allegations of domestic violence, which will make compromise and collaboration difficult or impossible.
Though we will explore all options with you, we are ready to take your case to court if needed. We understand New Mexico family law, the rules of civil procedure, evidence rules, and other aspects of the litigation process.
Special Considerations For Military Divorces
Military divorces are unique and involve matters you won’t find in most family law cases. There are special considerations that could arise such as:
- How to serve divorce papers on the servicemember
- The division of marital property, including military pensions
- Complicated child support and alimony issues
- Child custody and parenting in light of deployments
We handle divorces for servicemember spouses as well as clients who are married to servicemembers. No matter which side of the case you are on, we understand the applicable rules and issues that will apply.
Help For Divorcing Same Sex Couples
Same sex divorce is still a relatively new area of the law because same sex marriage only became legal in our state in 2013 (and nationwide in 2015). The issues that a divorcing same sex couple will encounter are different compared to an opposite sex divorce. For instance, many same sex couples obtained civil unions outside of New Mexico (which aren’t technically the same as marriages), but they now seek a divorce in our state.
Despite some of the unique challenges of same sex divorce, couples have the same legal rights as heterosexual spouses. Bob is ready to discuss your needs and explore your options as your marriage comes to an end.
Contact a Knowledgeable New Mexico Divorce Attorney
If you’re faced with divorce, you’re probably confused, maybe scared, and certainly concerned about you and your family’s future. Fortunately, you don’t have to go at it alone. Count on the trusted legal advocacy that Bob Matteucci brings to the table. Contact Bob Matteucci today to get started.
Matteucci Family Law Firm helps families with divorce matters across New Mexico including Albuquerque, Santa Fe, Los Lunas, and Rio Rancho.