Albuquerque Divorce Attorney

The founding attorney of Matteucci Law Firm, Bob Matteucci, has the well-honed skills to deal with all aspects of divorce, from spousal support to child visitation. He has worked closely with a broad range of clients in diverse circumstances, including those with few assets and those with high net worth, those who are relative newlyweds and those who are at retirement age, those in same-sex marriages, and those with previous marriages and stepchildren. Contact him to discuss which of the following options are best suited to your situation.

Aspects of Divorce Our Albuquerque Family Law Practice Handles

Bob Matteucci is well-prepared to guide you through all the aspects of divorce that are that apply in your case, such as:

If you are an individual seeking not only a successful outcome but as smooth and non confrontational a process as possible, Matteucci Law Firm is the right place to come.

Different Types of Divorce

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Uncontested Divorce

When the spouses agree on major issues of the divorce, such as child custody and property division, they can have an uncontested divorce, i.e. one that is settled without the inevitable stress, delays, and expenses associated with extended negotiations, failed settlement attempts, and even a courtroom trial. 

Mediated

In situations in which the two parties have a basic level of good faith but do not agree on every issue, a mediated divorce may be a better option. Here both spouses work with a neutral third party, often a family law attorney. Bob Matteucci can assist either party and treat them fairly and without bias. If you decide on a mediated divorce, he will clarify the effect each decision will have and how it will benefit each individual. 

Collaborative

During a collaborative divorce, each spouse has a specially trained and certified family law attorney that is experienced in diplomatic negotiations. When spouses engage in a collaborative divorce process, instead of confronting one another with a set of demands, they work together to create a mutually acceptable agreement to end their marriage. 

It should be noted that in a collaborative divorce both parties and both lawyers agree that if a workable arrangement cannot be arrived at and the case proceeds to the courtroom, new lawyers must be employed.

Traditional Divorce 

A traditional divorce is a process during which each spouse has their own attorney and the two attorneys will exchange documents and information, discuss possible settlements while protecting either party’s interests. Traditional divorces are the most common type of divorve that Bob Matteucci handles. In most situations, the attorneys negotiate a settlement and file the necessary documents without having to go to court. If, however, the parties and attorneys cannot agree on a settlement, it may be necessary for the divorce to go to court.

Military Divorce

When one or both divorcing spouses are service members, issues to be considered may be more complicated than during a civilian divorce. For one thing, when one spouse is currently serving in the military, it is considerably more difficult to make custody and visitation arrangements. 

For another, dividing military pensions and retirement plans requires an in-depth understanding of military law. Fortunately for clients who consult with Bob Matteucci, these issues are not big hurdles, since Bob has a great deal of experience with military regulations and knows, among other things:

  • How to serve divorce papers to a service member
  • How to divide marital property that includes a military pension
  • How to deal with child support and spousal support
  • How to make child custody and parenting time work in terms of deployments

Whether you are a service member or are married to one, our family law practice is definitely up to the challenge of handling your divorce.

Same-Sex Divorce

Once same-sex marriage became legal in all 50 states, same-sex divorce also became legal in New Mexico. Matteucci Family Law handles all marriages, gay and straight, with the same competence, compassion, and legal skill that clients have come to expect. Bob Matteucci is committed to employing the same principles of fair-mindedness and discretion with all the divorcing couples he works with, whatever the particulars of gender.

Since same-sex marriage did not become legal in New Mexico until 2013, some couples seeking divorce are currently bound by a civil union that was obtained in another state rather than by marriage vows. Though a civil union is a bit different from marriage, our family attorney can help you if you are in this confusing situation. 

Settlement Facilitation Can Be an Important Part of Many Divorces in New Mexico

In New Mexico, if the attorneys of either party cannot negotiate a 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.

Commonly asked Divorce Questions in Albuquerque

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Do you need a lawyer for a divorce in New Mexico?

Whether or not you need a divorce lawyer in New Mexico depends on the complexity of your case and your comfort level of representing yourself.

If you have a simple, uncontested divorce, you may be able to get divorced without a lawyer. However, if you have children, significant assets or debts, or if your spouse is not cooperating, it is generally advisable to hire a divorce lawyer. They can also help you negotiate a settlement agreement with your spouse, which can save you time and money in the long run.

Does it matter who files for divorce first? 

Whether or not it matters who files for divorce first depends on a number of factors, including the specific laws of New Mexico. However, in general, there are a few potential advantages to filing first.

  • Choice of attorney: The spouse who files first typically gets to choose their attorney first. This can be an important advantage, as a good attorney can make a big difference in the outcome of your case.
  • Control over the pace of the divorce: The spouse who files first often has more control over how quickly the divorce progresses. This is because the filing spouse typically sets the timeline for the divorce proceedings.
  • First opportunity to ask for temporary orders: If you have urgent needs, such as child custody, spousal support, or the division of the community’s income between the parties during the period between when the divorce process begins and the date of divorce. You can ask the court for temporary orders before your spouse has a chance to respond. This can be helpful if you are concerned about your safety or financial well-being.

However, it is important to note that filing first does not guarantee any particular outcome in your divorce case. The court will ultimately make decisions about child custody, property division, and other matters based on the best interests of the parties and their children.

How long does divorce take? 

The length of time it takes depends on a number of factors, including:

  • Whether the divorce is contested or uncontested.
  • The complexity of the case. Divorces involving minor children and/or high-value assets tend to take longer to resolve than divorces involving neither of these factors.
  • The backlog of cases in the court system. The court system in New Mexico is often busy, which can lead to delays in scheduling hearings and trials.

Contact Our Experienced Albuquerque Divorce Attorneys

bob matteucci in a suit

Going through a divorce is never easy, but it does not have to be harrowing. Contact Bob Matteucci to find out how.