Legal Question in Family Law in New Mexico

Re: Diovrce rehearing

I assume you had a trial at which there was a property division by the court. In that case you have ten days following entry of the judgment in which to to file a motion for a new trial or a motion to amend or alter the judgment under rule 1-059.

If a judgment was approved by the court and time to move for a new trial has passed, then you have a year in which to file a motion for relief from the judgment under rule 1-060. The grounds for such relief are fairly unforgiving, and just being "not right," as you say, is sort of hard to sell but possible under the catch-all provision (paragraph B6 - any other reason justifying relief). Otherwise the grounds include mistakes, inadvertence, excusable neglect, newly discovered evidence, Fraud and some others.

I don't know all the details of your case, but if the judge had all the facts at hand, you each had an opportunity to testify and question the facts, and the judge made a reasonable effort to evenly divide the community property and debts it will be hard to get it undone. If the judge abused his discretion or made an error of law you may have grounds for an appeal to a higher court (not the same as a new trial or relief from judgment discussed above), there are deadlines involved there too and you should definitely consult an attorney ASAP for guidance.

Either of you can ask the court for lawyers fees and costs. Generally parties pay their own but the court may award reasonable fees and costs based on the respective parties' ability to pay - but if the court believes an action is frivolous the party filing it could be stuck with the fees and costs. There should be no new filing fee.