Do I Need an Uncontested Divorce Lawyer in Albuquerque,New Mexico?

 

Are you facing an amicable divorce and wondering, “Do I Need an Uncontested Divorce Lawyer in Albuquerque,New Mexico?”

We live in a “do it yourself” culture.  Nowadays, instructions for almost any task can be found on the internet.  This explosion of information often causes people to wonder if a job or service can be completed without the cost and expense of professional assistance.  Similarly, it’s natural to wonder if an uncontested divorce can be completed without a lawyer.

Let’s examine whether an uncontested divorce lawyer/attorney is needed to finalize your divorce.

 

COMPLETE AGREEMENT IN ALBUQUERQUE,NEW MEXICO?

 

First, it’s necessary to determine if you have a complete divorce agreement.  For example, an uncontested divorce requires a complete agreement on all the potential Martial Settlement Agreement issues, including:

• Dividing community property and debt;
• Determining how the martial home will be divided;
• Alimony/Spousal Support;
• Retirement; and

When children are involved, a full Parenting Plan agreement must be reached, involving:

• Custody;
• Visitation; and
• Child Support.

One unresolved issue will prevent an uncontested divorce from being finalized.  In other words, failing to agree on any legal issue creates a contested divorce.  When this happens, the legal issue must be resolved through the legal process.

 

SHORT MARRIAGE AND NO KIDS — Do I Need an Uncontested Divorce Lawyer/Attorney in New Mexico?

 

Not all divorces are created equally.  For instance, a short marriage with no children is usually easier to resolve than a long marriage with considerable assets/debts.   Do you have a short marriage without any assets or debts?  If so, your divorce likely will have less issues to resolve.  Because of this fact, there is a greater possibility that your divorce can be resolved without an divorce attorney/lawyer.

PROPERLY COMPLETING AND FILING LEGAL DOCUMENTS

 

 

As we have seen, short marriages without children or money assets/debts have fewer potential issues.  Accordingly, these marriages are generally easier to resolve through an uncontested divorce.  However, even short marriages involve a tedious legal process.  This process includes:

• Finding the right documents;
• Sorting through a stack of confusing papers;
• Properly completing the legal papers;
• Properly filing; and
• Re-filing if court rejects the divorce papers;

The legal process is technical in nature.  Additionally, the legal process has procedural requirements that must be met for a document to be filed and finalized.  Because of this fact, at times, even seemingly “simple” divorces can become complex and stressful.

 

SOME FAMILY COURT JUDGES ROUTINELY KICKBACK DIVORCE PAPERWORK

 

Not all divorces are created equally.  Similarly, not all judges are created equally.  Some judges are more easy-going and will sign almost any document that is filed.  On the other hand, some family court judges are picky and demand that the rules of civil procedure are correctly followed.  This strict adherence to the rules often causes filed papers to be rejected.  Here are some common reasons that divorce papers are rejected:

• Jurisdiction issues;
• Wrong court/venue;
• No child support worksheet attached;
• Child support waived without proper language;
• Alimony not addressed;
• Child’s insurance provider not covered;
• Retirement account information incorrect;
• Improper QDRO/Pension/PERA;
• Parenting Plan mistakes; or
• Marital Settlement Agreement mistakes.

Any one of the issues above could cause the filed divorce to be rejected. At times, the filed divorce papers are repeatedly rejected.  As a result, this rejection process can add stress and uncertainty to the process.  Additionally, the rejection process can cause additional interaction between spouses that may not be on great terms.  As a result, a divorce’s papers being rejected can increase stress during an already difficult and uncertain time in one’s life.

 

BULLYING AND MANIPULATION — Do I Need an Uncontested Divorce Lawyer/Attorney in Albuquerque NM?

 

At times, one party to the divorce has more incentive to keep lawyers away.  For instance, possibly one side is using guilt or manipulation tactics.  When this happens, guilt about the reason for the divorce can be used to secure a lopsided agreement.  In other words, sometimes a spouse will use guilt and manipulation to achieve a result that doesn’t reflect New Mexico law.  This manipulation could result in:

• A division of assets/debt that is not based on NM divorce law;
• Agreement to waive alimony/spousal support;
• Agreeing to waiving child support; and
• Any agreement that does not align with NM law.

Is your ex rushing you to complete an uncontested divorce?  If so, do you have the gut-feeling that your agreement is unfair?  Is your ex using guilt or manipulation to try and gain an advantage?  If so, it is always best to speak with an experienced divorce attorney.

 

REDUCED STRESS AND UNCERTAINTY DURING A DIFFICULT TIME IN NEW MEXICO

 

Divorce is routinely ranked as one of the most difficult life experiences one can experience.  Uncontested divorces tend to be less stressful, expensive, and time consuming than a contested divorce.  Nevertheless, even amicable divorces include the following stressors:

• Understanding New Mexico law;
• Ensuring that the agreement is fair;
• Properly filing the paperwork;
• Following legal procedure;
• Understanding complex legal documents;
• Handling potential rejections; or
• Awkward or painful interactions that could be avoided.

Every uncontested divorce can be completed without an attorney.  With that said, an experienced attorney can greatly reduce the stress and tension of the divorce process.

 

CONTACT AN EXPERIENCED UNCONTESTED DIVORCE LAWYER/ATTORNEY IN ALBUQUERQUE,NEW MEXICO

 

Matthew Sanchez has the battle tested experience to effectively explain and handle the divorce process in albuquerque,New Mexico?.  Sanchez has handled divorces all across New Mexico, including: Albuquerque, Santa Fe, Taos, 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.