Not every divorce can be resolved amicably. Sometimes, it is necessary to take your ex-spouse to court to reach a fair resolution. When that happens, you want an experienced attorney on your side. Count on Cortez & Hoskovec, LLC to represent you and protect your rights and your interests.
A divorce can be either contested or uncontested. In an uncontested divorce, the spouses agree upon the separation of their belongings on their own. In a contested divorce, an outside party – such as an attorney, mediator or judge, depending on the situation – must step in as arbiter.
Litigation occurs when a couple is unable or unwilling to negotiate. Instead, a suit is filed. Like all lawsuits, this can be settled in or out of court. If no settlement is reached out of court, the case will be brought before a judge, who will hear the details from the respective attorneys and decide how property will be allocated based on the available information. Custody arrangements may also be made at this hearing or at a separate court date.
At Cortez & Hoskovec, we generally try to work with our clients to try settle disputes out of court whenever possible. However, sometimes this is not possible or would not be the best course of action. In some cases, negotiation is not advisable.
For example, if one party is unable to speak freely in front of their spouse out of fear from prior domestic violence or abuse, or if a spouse is suspected of hiding assets or income. In collaborative and mediated divorce, discussion of assets and income is voluntary; if the case goes to litigation, it is possible to get more information that might otherwise be hidden.
Every case is different, and we will advise you as to what we believe – based on our experience and the facts of your case – will be the best approach.
Trust attorneys with nearly 30 years of combined experience. We have completed more than a thousand cases and are committed to a reasonable and fair resolution. If you need a divorce lawyer in Albuquerque, contact us today.