Can My Divorce Be Denied in New Mexico?

 

Are you going through a divorce and wondering, “Can my divorce be denied in New Mexico?” If so, you are not alone.  Unfortunately, divorce is considered one of life’s most stressful events.

The divorce process can also be filled with uncertainty.  Part of this uncertainty surrounds confusing rules and procedures.  Moreover, you may also feel uncertain about how your ex will react to the divorce.  For instance, possibly your ex will contest/fight the divorce.  In doing so, your ex may request support, or claim that they are entitled to a bigger slice of community assets.  In other situations, your spouse may state that they will fight the divorce to the bitter end.

At the end of the day, the uncertainty may leave you feeling emotionally drained and overwhelmed.  This all begs the question, “Can my divorce be denied in New Mexico?”

 

WHAT ARE THE REQUIREMENTS FOR A NEW MEXICO DIVORCE?

 

First, it is essential to understand when a divorce can be filed in New Mexico.  New Mexico has a six-month residency requirement.  This means that you must live in New Mexico for six consecutive months before requesting a divorce.

Have you lived in New Mexico for less than six months? If so, New Mexico does not have the power to grant your divorce.

On the positive end, New Mexico is a no-fault state.  In New Mexico, either spouse can request a divorce.  Moreover, New Mexico does not require either spouse to prove fault, such as adultery, abandonment, or abuse.

The spouse requesting the divorce usually claims, “irreconcilable differences.” At its core, irreconcilable differences means that the couple cannot agree on most things, or important things.

 

WHAT HAPPENS WHEN A DIVORCE IS CONTESTED?

 

In New Mexico, either spouse can request a divorce and does not have to prove fault.  Therefore, a divorce can be granted even when one spouse contests/fights the divorce.  In other words, one spouse cannot stop a divorce from happening.  Although a spouse cannot stop the divorce, a spouse can impact how long it takes for the divorce to be finalized.

For example, one spouse may contest the divorce.  In doing so, the spouse may object to the proposed split of community assets/debts.  Additionally, one spouse may request alimony/spousal support.   At its core, a contested divorce essentially means that the couple is unable to agree on any legal issue that is necessary to finalize the divorce. When this happens, the divorce becomes contested divorce and must flow through the court.

Nevertheless, a spouse cannot prevent a divorce from being granted.

 

WHAT HAPPENS IF MY SPOUSE’S WHEREABOUTS ARE UNKNOWN? 

 

Has your spouse abandoned you and moved from New Mexico?  If so, are you unable to locate your spouse?  In this situation, you can still get a divorce.  In other words, your divorce cannot be denied because your spouse is hiding or missing.

At times, one spouse’s location is unknown.  For instance, possibly your spouse left New Mexico and their location is unknown.  In this situation, you can request permission to serve your spouse through an alternative means such as publication.  In doing so, the court can grant you the ability to provide your spouse with notice of the divorce through a newspaper or periodical.

Your divorce can be finalized after your spouse is provided with notice through a method other than personal service. Nevertheless, the process of completing service through publication can be stressful and confusing.  As such, an experienced New Mexico divorce attorney/lawyer can help you serve your spouse that is either missing or hiding.

 

REASONS THAT A DIVORCE MAY BE REJECTED — CAN MY DIVORCE BE DENIED?

 

Can you meet New Mexico’s six-month residency requirement?  If so, your divorce cannot be denied.  Nevertheless, divorce papers are often rejected. You see, the court can reject incomplete or incorrectly filed divorce papers.

In New Mexico, family courts routinely reject divorce papers when children are involved and child support, child legal custody, or status quo providers are not established.  Additionally, some judges may reject the divorce if the child’s health care provider is not established.

Even when children are not involved, the divorce may be rejected if alimony/spousal support is not addressed.  Finally, the divorce may be rejected because the agreement is incomplete, vague, or invalid.

All judges are created differently.  For instance, some judges are pickier than others regarding New Mexico rules and procedures.  Therefore, the same divorce papers may be rejected by one judge but accepted by another.

With that said, the basis for the rejection can be fixed.  In doing so, the couple can then re-submit the divorce papers.  In other words, a divorce may be rejected – but it cannot be permanently denied.

 

FINDING THE BEST NEW MEXICO DIVORCE ATTORNEY/LAWYER NEAR ME

 

For over a decade, Sanchez has handled uncontested divorces all across New Mexico, including: Albuquerque, Santa Fe, Taos, Rio Rancho, Los Lunas/Belen, and Gallup/Grants. Also, Sanchez has handled contested divorces across New Mexico, including: Albuquerque, Santa Fe, Socorro/Estancia, Rio Rancho, Los Lunas/Belen, and Gallup/Grants. Talk to a seasoned and successful divorce attorney that knows what they are talking about. Talk to (505) SANCHEZ.