"Litigation" is a complicated subject, most of which is beyond the scope of this website. But it may generally be defined as the process of bringing, making or pursuing claims, defenses and/or contentions in a lawsuit. Skilled litigation lawyers use the process to even the playing field for their clients. Litigation is used to require the other side to disclose all their witnesses and evidence prior to trial, and even to require the other side to explain in detail what they will contend or say at the trial. Litigation may also be used, as but one more example, to establish certain things early on in the case as a matter of law and not subject to further dispute by the other side, such as whether a particular asset is separate property or community property.

Many lawyers are not good litigators. An ill-conceived litigation strategy will mostly serve only to make the case more time-consuming and expensive for both sides. But good litigation can be a very valuable thing in difficult cases. Good litigation can be used to control the other party and their lawyer, to streamline the case, and to actually make the case less time-consuming and expensive by clarifying key issues.

Violations of the Court's Temporary Domestic Order, discussed in more detail at Marital Property and Debts, are a common subject of litigation in difficult divorces. All parties to divorces are well-advised to meticulously avoid violating the Temporary Domestic Order. Concerns about any particular action or transaction during a divorce should be discussed with counsel.

A primary litigation tool used by The Childress Law Office in contested divorces is New Mexico's Rule of Civil Procedure #1-123. We routinely have to remind other divorce lawyers of this rule's requirements, even though it applies to every divorce and has been in place for many years.

Rule 1-123 mandates an early exchange by the parties of their contentions as to the extent, nature and value of the marital estate, whether they are claiming property as separate or community. The rule is intended to streamline the divorce process by providing for an early identification of the primary disputed issues in the case. At The Childress Law Office we believe the parties should make thorough use of this rule to minimize the expense and delay of divorce proceedings.

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