Most people who walk into the Matteucci Family Law office are not looking for a fight. They are Albuquerque area business owners, professionals, and executives who have decided to end their marriages and want to do it efficiently, fairly, and with as little disruption to their lives as possible.
For many of them, that goal is achievable. But sometimes, despite everyone’s best intentions, negotiations break down and an amicable agreement is impossible. The divorce is now contested, and the road to a resolution runs through the legal system.
A contested divorce is not simply one where people disagree. It is a divorce where spouses cannot reach a binding agreement on one or more of the four core issues that must be resolved before a court will grant a dissolution of marriage: the division of assets and debts, child custody and visitation, child support, or spousal support (aka alimony).
The disagreement might be over one small issue, or it might be broad, with both parties holding fundamentally different views of what a fair outcome looks like. Either way, moving forward is going to require some heavy lifting from the lawyers involved. In these situations, having a seasoned family law attorney like Bob Matteucci at your side is important.
How a Divorce Becomes Contested
Some cases are contested from the start. A spouse who receives divorce papers may be in denial about the state of the relationship, resent their partner enough to make things difficult on purpose, or have genuine concerns about the fairness of the proposed terms.
More often, however, a divorce starts out as something both parties want and are willing to work together to get. It then becomes contested when negotiations break down. That can happen over a single asset (like the family business, a commercial real estate portfolio, or a deferred compensation package) or issue (determining who gets primary physical custody is often a touchy subject). But it can also occur when communication breaks down and both parties dig in.
Or when one or both spouses own equity in a closely held company, operate a professional practice, or hold complex or illiquid assets. It can be genuinely difficult to agree on what these assets are worth, let alone how to divide that value 50/50 like New Mexico’s community property law demands. These are not situations where the dispute stems from bad faith. These are situations where the numbers are complicated, the stakes are high, and reasonable people can look at the same facts and reach very different conclusions.
What Having a Contested Divorce Actually Means
A contested divorce is not necessarily a divorce that goes to trial. That distinction matters, because many people assume that once a dispute arises, the only resolution is a courtroom battle. The reality is more nuanced.
Here in Bernalillo County, the court requires parties to participate in settlement facilitation before a trial date is set. That process — a structured negotiation led by a neutral facilitator, typically a retired judge or experienced family law attorney — resolves the majority of contested cases. But getting to that point, and making the most of it once you are there, requires preparation. It requires that both sides have done the legal and financial work to support their positions, that their attorneys understand the numbers well enough to negotiate intelligently, and that they are ready to hold firm where it matters and find creative compromises where possible.
If settlement facilitation fails, the case proceeds toward trial. That means motions, discovery, hearings, and ultimately in-court testimony before a family court judge. Litigation is the most expensive and time-consuming path through a divorce, which is why skilled representation in the early stages is so valuable.
Representation in a Contested Divorce
When Attorney Bob Matteucci is asked to take on a contested divorce, it is usually because there are substantial business assets at stake. Bob has a reputation in the Albuquerque area for being the go-to guy when a couple’s finances are complex thanks to his MBA degree and the years he spent running his family’s retail shoe business before starting a second career as an attorney. In fact, it was going through the divorce process as a business owner that inspired him to go to law school and become a family law attorney.
Bob’s nose for numbers means the first thing he does when evaluating a contested divorce is take a step back to look at the finances. That means reviewing all financial disclosures required under New Mexico Rule 1-123, assessing the value of any business interests or professional practices at issue, reviewing relevant agreements (buy-sell provisions, partnership agreements, shareholder agreements, employment contracts, and post- or pre-nuptial agreements), and identifying any cash flow, tax, or debt issues that will affect what a realistic settlement looks like. Bob knows you can’t craft a strategy to resolve a contested divorce if you don’t gather all the information first.
Depending on the nature of the dispute, contested divorce representation may involve working alongside forensic accountants, business valuators, or other financial experts, particularly where there are questions about asset values, income that varies year to year, or concerns about undisclosed assets. Bob knows how to work with these professionals, how to interpret what they find, and how to use their conclusions to sway opinions at the negotiating table or in front of a judge.
Bob also understands there are two sides to these disputes. The spouse who built the business from the ground up, and the spouse who managed the household and supported the family while that business grew. Both of them own the business. And both of them (and their children or other extended family members) often depend on the business continuing to operate successfully post-divorce. That means these cases aren’t just about the numbers, they’re about finding a fair, long-term resolution for everyone involved.
Frequently Asked Questions About Contested Divorce in New Mexico
Every couple is different, so no divorce is going to look exactly like another, contested or not. But many of our clients in the Albuquerque area who find that an uncontested divorce is not an option share similar questions about what their next steps should be. The following FAQs address common issues that arise when a divorce is contested, and may help you narrow down the list of questions you have for the Matteucci Family Law team.
What makes a divorce “contested” in New Mexico?
A divorce is contested when the spouses cannot reach full agreement on the legal and financial terms of their separation. Namely, how to divide marital assets and debts, child custody arrangements, child support, or spousal support. The dispute does not have to involve every issue; a divorce can be contested over a single unresolved matter.
Does a contested divorce always go to trial?
No. The majority of contested divorces are resolved before trial, often through settlement facilitation, which is required in Bernalillo County. Trial is the option of last resort when all other paths to resolution have been exhausted.
How long does a contested divorce take in New Mexico?
It depends heavily on the complexity of the issues and the willingness of both parties to work toward resolution. A contested divorce can take anywhere from several months to more than a year. Cases involving business valuation disputes, complex asset structures, or contested custody tend to take longer.
What happens during discovery in a contested divorce?
Discovery is the formal process by which each party collects financial and other information relevant to the divorce from their soon-to-be-ex spouse. It can include requests for documents, written questions (interrogatories), and depositions. In high-asset cases, thorough discovery is essential because it is the foundation on which valuation, negotiation, and trial preparation are all built.
Do I need a different kind of attorney for a contested divorce?
You need an attorney like Bob Matteucci who has genuine litigation experience and the financial acumen to handle complex disputes. In high-asset cases involving business interests or professional practices, you also need someone who understands how to work with forensic accountants and other financial experts. The stakes are too high to trust such cases to a typical divorce attorney.
Can a contested divorce become uncontested?
Yes, and that outcome is always worth pursuing. If the parties are able to resolve outstanding disputes at any point (through negotiation, settlement facilitation, or mediation) the case can be settled short of trial. A skilled attorney knows how to keep that option open.
Serving Families with Dignity & Compassion
One of the most important things to understand about contested divorce is that the choices you make during the process will have lasting consequences. Attorney Matteucci can help you focus on the long-term and plan for what comes after the divorce, no matter how contentious your current situation.
If your divorce is heading toward contested territory, or you know an amicable agreement is out of the question, it’s time to contact Bob and set up a meeting to discuss your options.