While some divorce cases involve complex issues or highly contentious issues that make a trial necessary, there are many divorces where all of the issues can be resolved and included in a marital settlement agreement without the expense and stress of trial. Even when the parties cannot agree to a resolution on all issues, we use a broad range of approaches to narrow the issues prior to a trial. We continue a discussion of these strategies below:
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Skillful Use of Discovery Tools: Divorce actions permit the use of a wide range of discovery tools that allow us to elicit information and documents from your spouse. This information along with that provided in mandatory disclosure regarding income, expenses, assets and debts can also be used to narrow the issues by providing the evidence necessary to support our legal position. If there are unresolved issues that are preventing agreement on an MSA, we may use a discovery tool to acquire the evidence we need to build a compelling position so that we can pressure the other side into a favorable settlement. Some of the discovery tools that we may utilize include: (1) interrogatories (e.g. written questions to be answered under oath); (2) document demands; (3) depositions under oath; and (4) requests for admission (e.g. facts to be admitted or denied under oath).
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Taking Realistic Negotiation Positions: Many divorcing couples would probably be surprised to learn that a divorce may be more likely to proceed to trial without attorneys than when experienced Santa Fe Divorce Lawyers are involved in the case. While Hollywood depictions of attorneys often show them pounding on tables and yelling in a courtroom, the reality of day to day family law practice is quite different. Because our New Mexico family law attorneys know that trials are more of an undesirable necessity than a preferred method of resolving issues in most divorces, we provide our clients with realistic and candid expectations so that they do not waste time and money fighting over issues where the probable outcome is pretty clear cut. This approach allows clients to make sound decisions about where to devote their litigation resources in a divorce.
The benefits of reaching an agreement on as many issues as possible rather than a trial that covers all issues are significant. The trial process, which includes trial preparation and the actual trial, can add significantly to the expense of your divorce. When a trial in a marital dissolution is necessary, it can also mean exposing your private marital issues and sensitive financial information to public disclosure in open court. The stress and anxiety of testifying about these issues also can be extremely upsetting. There also is less assurance that you will find a resolution imposed by judicial fiat acceptable and stable than one that is reached through mutual negotiations and compromise by the parties.
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.
If you have questions about the New Mexico divorce process, the Santa Fe Divorce Law Firm of Jay Goodman & Associates offers legal advice and representation in the full spectrum of family law issues. We offer free a 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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