Empty Chairs And Tables In Courtroom

How Does a Special Master Attorney Differ From a Judge?

By Bob Matteucci
Attorney

Comparing a special master to a judge is like comparing apples to pears. They are more similar to one another than apples and oranges, but still distinctly different fruits. 

Taking a closer look at what role special masters can play in the New Mexico family court system can help you figure out how they differ from judges, and why you may want to consider hiring Attorney Bob Matteucci to serve as a special master in your case

Every Case Has a Judge. Not Every Case Has a Special Master.

The biggest difference between a special master and a judge is the fact that every divorce must be okayed by a New Mexico family court judge. But only some couples will need to hire a special master in order to get a judge’s approval. 

Special masters are only brought in when the parties in a civil lawsuit need extra help coming to an agreement, or the judge overseeing the case decides it is necessary for a neutral third party to step in and push the case towards a resolution. 

The cases where a special master is hired are usually complex ones. For example, Attorney Bob Matteucci is often brought into cases where the parties are having a difficult time coming to an agreement because they share high-value or complex assets that cannot easily be split in two. 

What Can a Special Master Do That a Judge Can’t? 

New Mexico as a whole, and Albuquerque in particular, is fortunate to have a bunch of amazing people serving as judges in our family court system. They are smart, hard-working, and fair — but they are also incredibly busy, and somewhat hamstrung by the nature of their position. 

Most judges have too large a caseload to go through a couple’s balance sheet line by line looking for ways to equally divide assets. And they are definitely not going to step in and do things like sell a piece of property, appraise a business, or make sure a business is kept open so it doesn’t lose value while a divorce is pending. 

A special master, on the other hand, can get into the nitty gritty details of a couple’s divorce. He or she is often brought in to do whatever tasks are necessary to wrap up a case when a divorcing couple can’t agree on how to do those things themselves. 

For example, Bob is often called in by attorneys handling a case where there is a piece of real estate that is jointly owned by both parties. The parties are in such a bitter dispute they cannot agree on a sales price, timeline for the sale, or even pick a realtor they both like. Bob, as the special master, comes in and handles the sale as a neutral third party with no interest other than selling the property for the best price possible in the amount of time he is given. 

Serving Families with Dignity & Compassion 

Not every couple needs to hire a special master in order to finalize their divorce. But when there are complex or high value assets on the line, bringing in a special master is often a good idea. 

Attorney Bob Matteucci is typically asked to serve as a special master in divorces where there are business assets or other items that are difficult to divide up. His background as a business owner and family law experience help him get the job done so everyone involved can move forward. Please contact him today to learn more and to schedule a confidential consultation.

About the Author
Bob Matteucci is a board certified family law specialist, with a statewide practice in the area of divorce and family law.