Las Cruces Uncontested & Contested Divorce Attorneys

Albuquerque Uncontested & Contested Divorce Attorneys

The divorce process in New Mexico will vary according to whether you and your partner agree on the issues related to your case. When partners are in full agreement on these issues, they will have an uncontested divorce case. When there are disagreements about one or more issues, a contested divorce case will ensue.

Whether you are moving forward with an uncontested or contested divorce, you can turn to a Los Cruces divorce lawyer at Sutherland Law Firm, LLC for compassion, effective representation and the highest quality legal services.

Call 505-539-3232 or Email Us for Answers about Your Divorce Case & Options

We are ready to advocate your rights, protect your interests, and help you get through the conflict and difficult times.


Spousal support, property division, and child custody are just a few of the issues that can arise during the dissolution of a marriage. Divorcing parties who can agree on these and any other issues related to their case can proceed with an uncontested divorce by:

  • Filing the initial divorce petition – This should be submitted, along with the required filing fees, to the family court in the county where you live. Different forms are required if children are or are not involved in the divorce. Court forms for initiating a divorce with the Doña Ana County Family Court are available here.
  • Developing a divorce settlement agreement – This agreement will detail how each issue of the case is to be resolved. Both parties will need to sign the agreement before taking the next step.
  • Submitting the agreement to the court – As long as the agreement is reasonable and authorized by both parties, the court will typically approve it, issuing the agreement as to the final divorce decree.

Generally, uncontested divorce cases can be resolved faster than contested divorces because:

  • There will not be any issues to negotiate or fight over in court.
  • The case will involve minimal court proceedings.

That does not mean, however, that you don’t need an attorney for an uncontested divorce case. In fact, in uncontested divorces, a lawyer at Sutherland Law Firm, LLC can provide crucial help by:

  • Explaining the short- and long-term impacts of your choices
  • Pointing out issues you may not have considered, like tax implications associated with support payments, for instance
  • Carefully reviewing the terms of the divorce settlement to ensure they accurately reflect the agreement between you and your ex and that they properly protect your interests
  • Filing all necessary court documents to initiate, advance, and resolve your case.


Often, divorcing spouses are unable to agree on some terms of their divorce. In these more complicated divorce cases:

  • The court may order mediation before setting a trial date – Mediation can promote compromise and facilitate an out-of-court resolution.
  • Hearings and a trial can be scheduled when mediation fails – Ultimately, the court will make a decision