Can I Get Divorced Without Going to Court in New Mexico?

 

You may be wondering, “Can I get divorced without going to court?”  At times, facing a contested or uncontested divorce can be a harrowing and nerve-racking experience.

In some situations, the pain of the uncontested or contested divorce is magnified by the thought of going to court.  This stress may be caused by the fear of speaking in public.  Also, the fear may be caused by the time or inconvenience of going to court.  For whatever reason, the thought of going to court may be negative.

For some, the thought of going to court is terrifying.  In some cases, this fear is based on the media’s portrayal of court.  In some instances, movies, television shows, and media portray court as a high-octane war of emotions and words.

For instance, anyone that has seen the movie — A Few Good Men — likely remembers the classic court scene.  In this scene, Tom Cruise and Jack Nicholson have an epic showdown in court.  This verbal duel culminates with Nicholson yelling: “You can’t handle the truth!”

Fortunately, your divorce does not involve Tom Cruise and Jack Nicholson.  Rest easy, you can get divorced without going to court.

GETTING DIVORCE WITHOUT GOING TO COURT — UNCONTESTED DIVORCE

 

In New Mexico, you can get divorced without spending one second in court.  The most common way to avoid court is to agree on all your divorce issues.  A complete divorce agreement is also known as an uncontested divorce.    With an uncontested divorce, both spouses meet in the middle.  By meeting in the middle, the two sides reach a full agreement regarding all divorce issues.

Potential divorce issues include dividing community property and debt.  Additionally, when children are involved, a complete marital agreement surrounds child full custody, parental visitation, and child support.

In short, you can avoid court by reaching a complete agreement.  You see, appearing in court is only necessary when divorce issues cannot be resolved outside of court.

 

GETTING DIVORCE WITHOUT GOING TO COURT– CONTESTED DIVORCE

 

Unfortunately, some contested divorce issues cannot be resolved amicably.  For instance, at times both sides are unable to agree on the following issues:

• Alimony;
• How the home’s value is split; or
• Child legal custody, Parental visitation, and child support.

Disagreement on any of these issues leads to a contested divorce.  In turn, this contested divorce could lead to appearing in court.  With that said, every contested divorce doesn’t automatically land in court.  You see, every divorce must complete settlement facilitation before a divorce trial is held.  In other words, you will be forced to participate in divorce mediation before a trial is granted.

In general, most contested divorce issues can and should be resolved at mediation/settlement facilitation.  With that said, at times, one side is making unreasonable demands.  These demands may not reflect NM law.  Also, some spouses object to the divorce, or want “their day in court.”  Finally, some divorces involve dirty divorce moves that need to be addressed by a judge.

Importantly, contested divorces can be resolved without going to court.  Usually, contested divorce issues can be resolved through settlement facilitation.  Additionally, both sides have the right and ability to reach an agreement until the moment that a divorce trial begins.  In fact, both sides can even “take a recess” and resolve the contested issues during a trial.

In the end, you are only required to go to court if you cannot agree on all divorce issues.

 

CAN I FILE FOR DIVORCE WITHOUT AN ATTORNEY?

 

Yes.  You can file for divorce without an attorney.  In Albuquerque, Second Judicial District Court’s “Self-Help” division provides divorce packets.  These divorce packets attempt to guide unrepresented parties towards an uncontested divorce. Unfortunately, these packets can be large and intimidating.

Although New Mexico courts provide unrepresented parties with divorce forms and papers, these documents can be confusing.  Additionally, the following can be stressful and confusing for unexpressed parties:

• Knowing what the divorce papers are saying;
• Understanding how to fill out and file the divorce papers; and
• Uncertainty about New Mexico law.

Most importantly, handling your contested or uncontested divorce without Albuquerque’s best divorce lawyer or attorney requires going to the court.  At a minimum, you will be required to go to the courthouse to:

• Pick up the divorce papers; and
• Filing the divorce papers.

Additionally, divorce papers that do not include all necessary information will be rejected and returned.  This rejection could cause avoidable stress, inconvenience, and interactions with your ex.

 

FINDING THE BEST DIVORCE LAWYER FOR YOUR UNIQUE CASE

 

Are you looking for the best divorce lawyers or attorneys for men/women?  Alternatively, are you searching for the top divorce attorney near you?  Look no further.  Our best divorce attorney or lawyers in Albuquerque have the experience needed to handle your divorce.  For over a decade, Sanchez has handled all contested or 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 the best divorce attorney in New Mexico that knows what they are talking about. Talk to (505) SANCHEZ.