★ Albuquerque Divorce Lawyers

Divorce can be very challenging. There are so many emotions involved and many people suffer financially through a divorce. It goes without saying that divorce can be ruinous to a person and cause many years of hardship. When dealing with a pending divorce it’s important to understand the overall process of how a case is handled.

Divorce is governed by statutes in the state of New Mexico. Divorce is considered a civil case. This means that it’s not handled in criminal court but deals with civil law. As a result it’s a case that goes before a judge and the process is governed by the Rules of Civil Procedure and the Rules of Evidence.

A case is started with a Petition for Dissolution of Marriage. This is a legal document that is filed with the court asking the court for specific relief. Bottom line, it’s a document that tells the judge how you want things to turn out. In the petition you address how you want the community property and debts divided and how you want custody and time sharing addressed.

After you file the petition you must serve the other side. After the other side is served they will have 30 days to file a response in court. If they fail to respond you can obtain what is called a default judgment. However, this isn’t the preferred way courts wish to handle things.

Assuming a response is filed the next aspect of the case is the discovery phase. This is where evidence is developed, documents are obtained, weaknesses are found out and strengths are solidified. Discovery occurs in a divorce through depositions, subpoenas, interrogatories, requests for production of documents and other discovery tools. After discovery the court will move the case towards settlement. If the case isn’t able to settle then it’s set for trial.

Divorce trials are expensive and time consuming. We know this and that is why we use our simple fee guarantee to ensure that our clients get the services they need at reasonable rates. If you are going through a divorce then contact the experts at the Justice Legal Group. We can help you with the process and to understand your rights. You can reach us throughout New Mexico at 505-880-8737 or by email at info@JusticeLegalGroup.com.

Blog Archive