While the marital dissolution process can be a stressful experience in New Mexico or anywhere for that matter, there are ways that an experienced and dedicate family law attorney can mitigate the extent of a party’s uncertainty and anxiety. When divorcing couples have the choice of an amicable settlement based on reasonable negotiation and a bitter contentious trial, the option of negotiating the terms of a marital settlement agreement (MSA) causes less stress, expense and uncertainty.
Although some people considering divorce may believe that settlement or trial is an “either-or” proposition, our experienced Divorce Attorneys frequently focus on narrowing the issues in a divorce even when other issues seem headed toward trial. By resolving as many disputed issues as possible, we can narrow the range of contested issues to increase the probability of a global settlement is more likely or ot reduce the scope and cost of a trial. We often use a variety of strategies to narrow contested issues in a divorce case, such as:
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Pre-Trial Motions: We may pursue a Motion for Declaratory Judgment or a Motion for Partial Summary Judgment. While some law firms may file a Petition for Dissolution and engage in settlement negotiations to resolve issues before trial, pre-trial motions often are underutilized in divorce actions. Our family law lawyers may use these motions to impose pressure on your spouses’ attorney to agree to a marital settlement agreement. If the characterization of real estate or other investment asset is in dispute, we may file to have the judge decide whether the asset is a marital property asset subject to division or a separate property asset to be awarded to the spouse who acquired the asset. While our New Mexico Divorce Lawyers carefully assess the financial value of such a motion and discuss it with our client, a favorable ruling regarding a large asset that is holding up a settlement agreement on marital property can avoid the unnecessary cost and expense as a full trial on property issues.
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Aggressive Settlement Negotiations: Our New Mexico Attorneys diligently pursue our client’s interest in settlement negotiations based on realistic expectations regarding the anticipated outcome of an issue if it is left to the discretion of a family law judge. While our objective is to reach a full agreement that is reflected in an MSA, we will try to negotiate a “stipulation” regarding certain issues so that these issues do not need to be litigated at a trial on any issues that remain unresolved.
The above information is provided to illustrate general principles of law and should not be interpreted as a specific legal opinion on an individual case. You should contact experienced legal counsel to get specific legal advice that is based upon your specific circumstances.
We also invite you to review Part II of this blog post discussing additional approaches to avoiding a potentially contentious and expensive trial. If you have questions about the New Mexico divorce process, Jay Goodman & Associates offers legal advice and representation in the full spectrum of family law issues. Additionally, we offer a free consultation in our centrally located offices in Santa Fe and Albuquerque so that we can discuss your options. Call us today to schedule your free consultation at (505) 989-8117 to learn about your rights and options.
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