Settling a Case in Bernalillo County
New Mexico Divorce Settlement
Are you facing a divorce in Bernalillo County? Your case can settle at any time you and the opposing party agree on the issues. Your attorney, or the opposing attorney, may want to complete discovery prior to agreeing to terms. This helps the lawyers feel a little bit more secure in the knowledge that the opposing party has disclosed all of the assets and debts.
Most cases settle and you should be discussing it with your attorney from the start of the case. If there are incentives for a person not to settle, such as they are receiving a payment pursuant to the interim division of income, your attorney needs to be diligent in getting a trial date set. Once the Trial Date is on the horizon, the other party amazingly becomes more amenable to settling the case.
Settlement has a direct relationship to the parties being together. Any time the lawyers and parties are in the same spot is an excellent time for negotiations to take place. Many attorneys are too busy to promptly return phone calls, and then it takes time to contact the client and get back to the other attorney. Every hearing that you have you should be thinking about settlement. Also, getting a Settlement Facilitation scheduled will also help your case end sooner.
The Second Judicial District Court in Bernalillo County mandates that all parties to a family law case go through a Settlement Facilitation prior to the matter going to trial. Most cases settle at this point or shortly thereafter. The process is basically a meeting between the parties, the attorneys (if any), and the Settlement Facilitator.
For a complex case the parties can have more than one individual as a facilitator, perhaps an attorney and an accountant. The parties split the cost of the facilitator, which is usually $500 total, plus tax. Each party sends their statement of the case to the facilitator prior to the meeting.
At the meeting the Facilitator may meet with everyone together or may split them up and meet with one party at a time. The facilitator’s goal is to get the parties to settle. The more people they get to settle the more cases the Judges send to them.
The Facilitator is not anyone’s attorney, or responsible to either of the parties, but tries to find the common ground of the parties. Your case can completely settle, or partially settle at the Facilitation.
You do have an obligation to negotiate in good-faith to settle your case, but are under no obligation to settle your case on terms you dislike. Some clients are frustrated by the fact that they are paying their own attorney and the Settlement Facilitator, but this system is very effective at ending cases.
Contact the Law Office of William J. Morgan
Are you going through a divorce? Contact the Law Office of William J. Morgan today.