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How long does a divorce take to finalize?
The practice of family law comes with many loaded questions. One question in that chamber goes like this: “How long does the average divorce take in Albuquerque, New Mexico?”
In typical lawyer fashion I’ll fire back a typical lawyer answer – it all depends.
The elements needed to complete one’s divorce can be completed in a single day – or can take several years.
In order to finalize the divorce, with a Final Decree of Dissolution of Marriage, the parties must first file a Petition for Dissolution of Marriage and complete a Marital Settlement Agreement, which distributes the assets and debts that were accumulated during the marriage.
It depends on whether the parties have an amicable agreement regarding custody, timesharing and child support. When children are involved, the parties must complete a Parenting Plan, which determines child custody, timesharing and child support. These documents can either be completed amicably, through mediation, or through a trial on the merits where a judge decides on the unresolved issues.
Whether the divorce process will take one day – or one year – all depends on the number of issues involved within the individual divorce, and similar to snow flakes, no two divorces are ever the same. On the lighter side of the spectrum there are divorces where the parties are in agreement on issues such as debt, marital homes, retirement accounts, child custody, time sharing, child support – and so on. Divorces of this nature can often be completed quickly.
On the more complex end of the spectrum there are divorces with many issues and little agreements. These issues often surround disputes over marital debts – such as credit cards, medical debts, student loans, and upside down mortgages. Other issues include distributing assets such as marital residences with equity, household furnishings, businesses, retirement accounts, vehicles and any property that was accumulated during the marriage. The divorce process can also be prolonged by disagreements on issues within the “Parenting Plan,” such as child custody, parents time sharing and child support. Lastly, alimony and spousal support are potential issues that must be addressed. Contentious divorces of this nature may require several issues to be litigated in court, ultimately prolonging the process until the terms of the Marital Settlement Agreement and Parenting Plan are finalized.
Generally speaking, high issues with low agreements equals more time to complete the divorce process. In the end, the length of time necessary to complete the divorce depends on the unique factors involved with your marriage.
It usually takes the assigned judge five to ten days to review the necessary divorce papers and to sign the final decree of dissolution of marriage that finalizes the divorce.
No. There is no waiting period. However, the court must have jurisdiction over the parties, with one party residing in Bernalillo County for six consecutive months before the Petition is filed.
New Mexico is a “no fault state.” This means that either party can request the divorce for any reason. The most common reason is incompatibility.
Because New Mexico is a no fault state, one party is not required to prove fault, such as adultery. In New Mexico, adultery would have no impact regarding the distribution of community assets and debts. Adultery is also not a factor considered regarding child custody and parents time-sharing, which are ultimately based on a child’s best interests.
No two marriages are alike. Do you still have questions about how long a divorce takes to process and finalize in Albuquerque, New Mexico? Call (505) SANCHEZ to speak with one of the top divorce lawyers in Albuquerque about your unique marriage. Sanchez is an affordable divorce lawyer in Albuquerque. Sanchez is here
Affordable divorce lawyer in Albuquerque — Matthew Legan Sanchez
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