Are you facing a divorce in New Mexico? Do you have a complete and amicable divorce agreement? Great. In this situation, you may have an uncontested divorce. If so, you may avoid the delay, stress, and expense of a contested divorce.
At times, an uncontested divorce can reduce the time, stress, and expense of divorce. Nevertheless, it is essential to understand the uncontested divorce process. Specifically, it is important to understand the steps and legal requirements that are needed to finalize your uncontested divorce.
In most situations, an uncontested divorce can be finalized without appearing in court. However, you must meet the legal requirements for the divorce to be granted. Specifically, your uncontested divorce must meet the following requirements:
Jurisdiction. Regarding jurisdiction, New Mexico has eligibility requirements for divorce. Namely, you or your spouse must live in NM for six months before you can request a divorce. Have you or your spouse lived in New Mexico for at least six months? If so, then NM has jurisdiction over your divorce.
Reason for divorce. New Mexico is a no-fault state. Accordingly, you can request a divorce due to incompatibility, or personality differences.
Assets and Debts. You must have a complete agreement regarding all assets and debts accumulated during the marriage. This agreement is contained in the necessary Marital Settlement Agreement.
Parenting Plan. Are children involved? If so, you will need a completed Parenting Plan. A Parenting Plan includes a full agreement on custody, visitation, and child support. With that said, you should also understand the common Parenting Plan mistakes and violations. Understanding these mistakes will help you avoid potential issues. These issues include the need for motions to enforce or modify your agreement.
Final Decree. The final decree finalizes the divorce. Also, the final decree establishes a name change – if desired. Most importantly, the final decree must be reviewed and signed by your assigned judge.
There are several legal requirements to complete an uncontested divorce in New Mexico. These requirements include:
Serving your spouse with divorce papers. Unlike contested divorces, you can avoid serving the divorce petition by reaching a complete agreement.
An uncontested divorce requires a complete agreement. Additionally, an uncontested divorce requires specific legal language and documents. As outlined above, you will need the following:
Have you completed the documents above? Have both parties signed the documents before a notary? If so, you will file the documents with the district court in your county.
Once filed, your assigned judge will review the documents. In doing so, your judge will ensure that all issues have been resolved. If all issues have been resolved, your judge will sign the Final Decree that finalizes your divorce. If all issues are not resolved, your judge will reject the proposed divorce. When this happens, you must provide the requested information and then resubmit. In some cases, the divorce papers can be rejected multiple times before being signed and finalized.
Do you need help with your uncontested divorce? As we have seen, an uncontested divorce enables you to finish your divorce without appearing in court. With that said, New Mexico law and procedures can be complex. Therefore, it is always best to speak with an experienced uncontested divorce attorney in New Mexico.
Do you have questions about your uncontested divorce in New Mexico? When considering an uncontested divorce, it is essential to speak with an experienced divorce attorney. 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. Talk to a seasoned and successful divorce attorney that knows what they are talking about. Talk to (505) SANCHEZ.
How to file an uncontested divorce in New Mexico
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