Do you have questions about starting a contested divorce in New Mexico? At times, divorce can be a life-altering and stressful event. This stress is often magnified by a legal process that is filled with confusing rules and requirements.
You are not alone. People facing a divorce commonly have questions about the process of starting a contested divorce in New Mexico.
This all begs the question – what is a contested divorce in New Mexico?
A contested divorce means that a couple is unable to agree on the divorce’s necessary terms. For instance, the couple may disagree on how to divide assets and debts that were built during the marriage. Also, financial issues may involve alimony, tax debt, or dividing a home’s equity.
Are children involved with your divorce? If so, a Parenting Plan must be completed. A Parenting Plan resolves issues such as child full legal custody, timesharing, and child support.
Do you have a complete divorce agreement? If yes, then you have an uncontested divorce. Unfortunately, disagreement on any legal issue leads to a contested divorce. When this occurs, the contested divorce must flow through the court system.
A contested divorce begins by filing a Petition for Dissolution of Marriage. The Petition opens the divorce case. In doing so, the Petition provides the court with necessary information about the parties and divorce.
The Petition is filed with a Summons. The Summons provides the non-filing spouse with information about the divorce case. Specifically, the Summons provides the deadline for filing a Response (30 days from the date that the Petition is personally served).
When a Petition is filed, New Mexico courts usually issue a Temporary Domestic Order (TDO). The TDO freezes the status quo. In other words, the TDO prevents both parties from making major changes. A major change includes removing a spouse from an account, removing a child from New Mexico, or making any major change without permission.
Under Rule 1-004, your spouse must be personally served with the Petition, Summons, and TDO. In most cases, these legal documents are personally served through a process server. Alternatively, the divorce papers are often personally served by a local sheriff.
Are you unable to locate your spouse? If so, you may need to request the court’s permission to serve the divorce papers through publication. At times, the court can enter an order that enables a spouse to serve divorce papers through a publication such as the Albuquerque Journal.
Every divorce must include a Marital Settlement Agreement (MSA). New Mexico is a community property state. Accordingly, any assets or debts that are built during the marriage are split 50-50 upon divorce. The MSA identifies and distributes community property/debt. The MSA also covers financial issues such as support/alimony that is necessary to finalize your divorce. No MSA – no divorce.
Does your marriage include children? If so, then a Parenting Plan is necessary to determine custody, timesharing, and child support.
Do you have a complete Martial Settlement Agreement and Parenting Plan? Great. At this point you are ready to file your divorce papers.
The Marital Settlement Agreement and Parenting Plan are filed with the Final Decree of Dissolution of Marriage. The Petition opens the divorce. Conversely, the Final Decree finalizes the divorce.
Once the necessary divorce papers are filed, the assigned judge reviews the documents. In doing so, the judge reviews the documents to ensure that all necessary legal issues have been resolved. The judge also ensures that necessary documents – such as a child support worksheet – are completed and attached.
The judge may reject the divorce papers when all issues are not resolved. When this happens, the couple must make the necessary corrections and then refile.
Have you filed your divorce papers? Have all legal issues been resolved? In this situation, it usually takes the assigned judge about seven to fourteen days to review and sign the Final Decree.
You are officially divorce, once the Final Decree is signed and filed.
Do you have questions about starting your contested divorce in New Mexico? When faced with a contested divorce, it is essential to speak with the best divorce lawyer. For over a decade, Sanchez has handled contested divorces all across New Mexico, including: Albuquerque, Santa Fe, Socorro, Rio Rancho, Grants/Belen. Talk to Top or Best divorce attorney that knows what they are talking about. Talk to (505) SANCHEZ.
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