Attorney
We live in a world where many things are endlessly customizable. You want a half-caf, oatmilk latte? Done. A custom paint color for your living room that complements your favorite piece of art? Easy. Monogrammed shirts/travel mugs/golf balls/towels/sheets? Sure!
Because of this, it is often a bit shocking when you encounter something that can’t be made to order or altered to fit your needs. But the legal system is such a thing. The laws, precedent, and procedures that govern your divorce are all but set in stone.
So if you want your case to go a particular way, you can’t just snap your fingers and expect it to happen. You often have to ask the court for permission to proceed in the way you wish, which is exactly what you must do if you want to hire a special master to help push your divorce past the finish line.
Special Masters are Controlled by the Court
When Attorney Bob Matteucci is tapped to serve as a special master in a New Mexico divorce case, it is because the judge in the case believes his particular set of skills will help bring the case to a close.
The judge is persuaded of this by one or both parties to the case, who have filed a motion formally requesting that Bob be appointed special master. The motion must outline why a special master is needed—whether it’s due to complex financial matters, intricate asset division, or specific tasks the parties are unable to do themselves.
The motion is typically accompanied by a draft of a proposed order that lays out the scope of the special master’s responsibilities. This should include a to-do list of things like reviewing financial documents, helping manage communication, or even mediating disputes over assets. It might also include powers granted to the special master, and information on when and what the special master should report back to the court.
If the judge agrees that hiring a special master will speed the case along, he or she will approve the motion and alter the draft order as he or she sees fit.
What if the Other Party Doesn’t Want a Special Master?
Either or both parties can ask the court to appoint a special master. It is up to the judge to decide if a special master is actually needed. So, if one party does not want a special master they can try to persuade the court that hiring one is unnecessary, but it is up to the judge to make the final decision.
What if the Judge Says No to Hiring a Special Master?
If the judge denies a request for a special master, that decision can technically be appealed to a higher court. However, the parties in the case should consider whether there are other ways to accomplish their objectives.
Serving Families with Dignity & Compassion
In New Mexico, the divorce process is controlled by the court. If you want to bring in a special master to help resolve your dispute, you are going to have to convince the judge that doing so is necessary.
Thanks to his business background and family law experience, Attorney Bob Matteucci is an easy sell in cases where there are business assets, real estate, or other items that are difficult to divide up. Please contact him today to learn more and to schedule a meeting.