If you take a look at the annual reports from the New Mexico Courts, one thing you will notice that very few cases actually go to trial despite thousands of cases being filed. This is true in every area of the law, but it is especially noticeable when you look at the family court data.
Most divorces simply do not go to trial. Attorneys negotiate settlements, or mediation helps everyone get on the same page. Even the most contentious cases are often resolved right before trial during settlement facilitation, which is mandatory here in Bernalillo County. The system is built to encourage resolution, and most of the time that is exactly what happens.
But not always. Sometimes the gap between what two people believe is fair cannot be closed through conversation, negotiation, or a day with a facilitator. Sometimes one party is not acting in good faith. Sometimes the financial stakes are high enough, and the disagreements deep enough, that the only way forward is through litigation, a formal legal process that begins when a case cannot settle and ends when a court issues a final order.
Understanding what litigation involves, what it costs, and what it demands of you is essential before you end up in the middle of it. This website can serve as a resource if you are looking for information about divorce litigation, but if you need legal counsel, it is time to contact Attorney Bob Matteucci. As a seasoned family law attorney and former business owner, Bob often represents business owners, professionals, and high-asset clients in contested divorce proceedings throughout the Albuquerque area.
When Litigation Becomes the Path Forward
Not every contested divorce leads to litigation. Litigation only becomes necessary when earlier efforts to settle have failed and the case is moving toward trial.
The most common drivers of divorce litigation among the clients Matteucci Family Law serves are disputes over business valuation, disagreements about the characterization of assets as separate or community property, contested spousal support, and unresolved custody disputes. In each of these areas, the outcome depends not just on the law but on the quality of the financial and factual record that each side builds.
No matter what is driving the dispute, Bob knows how to get to the bottom of it. Thanks to his MBA degree and business background, he’s especially equipped to dig into financial issues.
The Role of Discovery
When most people hear the word “litigation,” they visualize opposing parties duking things out in a courtroom. But litigation involves more than a trial. Preparing for trial is just as critical as making your case before the judge, and the first step is discovery.
Formal discovery is what separates a litigated divorce from everything that precedes it. Once a case is in active litigation, both parties have additional legal tools available to compel the disclosure of financial information (and an obligation to disclose their own information). This includes document requests, interrogatories, requests for admission, and depositions.
For business owners, discovery in a divorce proceeding can be extensive. Tax returns, financial statements, bank records, partnership agreements, shareholder documents, compensation arrangements, and valuations may all be requested and reviewed. If there is reason to believe that assets have been underreported or misrepresented, discovery is how you find out.
This is an area where Bob Matteucci’s business background is directly relevant. He has spent his career working with complex financial disclosures in divorce proceedings. He understands how businesses are structured, how income is generated and reported, and where financial statements can obscure as much as they reveal. Forensic accountants are often valuable partners in this work, and Bob has experience working alongside them to build the kind of financial record that holds up under scrutiny.
Motions Practice
As a case progresses, it is often necessary to file motions with the court, asking the judge to issue orders or decide certain narrow questions so that the case can move forward.
For example, the judge may be asked to issue temporary orders governing how the parties will handle shared finances, who will remain in the marital home, how child custody will work in the interim, and whether either party can take certain actions with marital assets. These orders are meant to maintain stability while the case works toward resolution. Getting them right matters both because they govern day-to-day life during the proceeding and because they can influence the shape of the final settlement.
Other motions may address evidentiary issues, the appointment of a special master to handle complex valuation questions, or requests to compel discovery when the other side is not cooperating. Each motion requires legal argument, often a brief, and sometimes a hearing. An attorney who is not comfortable in this environment will cost you, in time, in legal fees, and potentially in outcome.
Trial Preparation and the Hearing
A divorce trial in New Mexico is a bench trial. The outcome is decided by a judge, not a jury. The judge will hear testimony, review evidence, and apply New Mexico statutes and case law to determine how assets are divided, how custody is structured, and whether and how much spousal support is appropriate. The proceeding is formal, the rules of evidence apply, and the quality of preparation shows.
Trial preparation in a complex divorce typically involves several parallel workstreams. Expert witnesses, most often business valuators or forensic accountants, must be engaged, their analyses reviewed and refined, and their testimony prepared. Exhibits must be compiled and organized. The key factual and legal issues must be framed clearly, anticipating what the opposing side will argue and preparing responses. Financial projections that show the post-divorce impact of different settlement structures need to be ready to present.
Clients should also be prepared themselves. Testifying at trial means being able to speak clearly and credibly about your financial life, your parenting, and your understanding of the marital estate. Attorney Matteucci prepares his clients for this, because the most important witness in your divorce is you.
What Bob Matteucci Brings to Divorce Litigation
Before going to law school at the University of New Mexico, Bob Matteucci got an MBA degree and spent years running his family’s fourth-generation retail shoe business. After going through the divorce process, he understood firsthand how inadequate most legal representation is for people who have built a business or have complex finances. He went to law school to become the kind of attorney he had needed.
That background shapes how he approaches litigation. When he stands before a judge to argue for a client’s position on the value of a closely held business, or to explain why a proposed asset division is unworkable from a cash flow perspective, or to challenge financial disclosures that do not add up, he does so with a financial fluency that most family law attorneys simply do not have.
He also understands the human dimension of these cases. His clients are not abstractions. They are business owners who have spent decades building something, professionals who have built careers and reputations, parents who care deeply about what their families look like on the other side of this. Divorce litigation is not just a legal exercise. It is one of the most consequential things a person navigates, and each client deserves an attorney who treats it that way.
Frequently Asked Questions About Divorce Litigation in New Mexico
Every family is different, and divorce litigation differs slightly from case to case in response. But many of our clients in the Albuquerque area share similar questions about the process. The following FAQs answer common questions about divorce litigation, and may help you shape the discussion you want to have with the Matteucci Family Law team.
What is the difference between a contested divorce and a litigated divorce?
A contested divorce is any divorce where the spouses cannot agree on one or more terms. A litigated divorce is a contested divorce that has moved into active court proceedings — formal discovery, motions, hearings, and potentially trial. All litigated divorces start as contested, but many contested divorces are resolved before full litigation becomes necessary.
Does every contested divorce in Albuquerque go to trial?
No. The vast majority of cases do not go to trial. Preparing for trial often inspires couples to settle by clarifying what they actually disagree about.
How long does divorce litigation take in New Mexico?
Fully litigating a case, meaning you go through discovery, file pre-trial motions, and actually go to trial, can take a year or more. Complexity, the willingness of each party to cooperate with one another, and court scheduling all affect the timeline. This is one of the significant costs of litigation that clients should weigh carefully.
What does discovery involve in a litigated divorce?
Discovery is the formal exchange of financial and other information between the parties. In complex cases, it may include requests for years of tax returns, business records, financial statements, retirement account records, real estate appraisals, and other documents. Discovery is often the most time-intensive part of a litigated divorce.
What happens at a divorce trial in New Mexico?
A New Mexico divorce trial is a bench trial, decided by a judge. Both parties and their attorneys present evidence and arguments, witnesses may be called, and experts may testify on issues like business valuation or financial planning. The judge then issues a final order resolving all contested issues. There is no jury.
Can I settle my divorce after litigation has started?
Yes. Settlement is possible at any point in the litigation process, right up to and including while a trial is in progress. Bob Matteucci approaches litigation with an eye toward resolution and will keep those options on the table throughout the process.
How much does divorce litigation cost?
Litigation is the most expensive way to resolve a divorce. Costs include attorney fees, expert witness fees (for valuators, forensic accountants, and others), court filing fees, and the time and disruption the process requires. In complex high-asset cases, these costs can be substantial. Understanding the financial implications of litigation versus settlement is a conversation worth having early, and it’s one that Attorney Matteucci will have honestly with you.
What if I want to avoid litigation but my spouse is not cooperating?
That is one of the most common and most difficult situations in family law. If your spouse is refusing to participate in good faith, litigation may be the only way to sever the ties between you.
Serving Families with Dignity & Compassion
It is worth noting that trial is rarely the most efficient route to the outcome you want. Litigation is expensive, time-consuming, and invites the public into your private life since it is done in open court. There are real and significant advantages to resolving a divorce without litigation, but if litigation is what is required, Bob Matteucci is ready for it. Contact Matteucci Family Law to schedule a meeting and discuss your options.