How To Start A Divorce Case in Albuquerque, New Mexico?

 

Often the first step on a difficult journey requires a leap of faith and is the hardest step to make.

Most people that find themselves considering a divorce never imagined that their marriage would end with a divorce, and therefore have no idea how the process begins, much less how it will unfold.

Let’s shed some light on the first steps involved with pursuing a divorce, providing clarity on the overall process.

 

HOW TO START A DIVORCE CASE IN ALBUQUERQUE, NEW MEXICO

 

The divorce process begins when either party files a Petition for Dissolution of Marriage with a Albuquerque, New Mexico court. For New Mexico court’s to have jurisdiction over the divorce, the individual requesting the divorce is required to have lived in New Mexico for six months prior to filing the Petition. Because New Mexico is a “no fault state,” either party to the marriage can ask the court for a divorce and the filing party – also called the Petitioner – is not required to demonstrate abuse, abandonment, adultery or cruelty as a prerequisite to begin the process. Typically one of the parties claims irreconcilable differences or incompatibility as the basis for the divorce. Essentially this means that the parties are no longer compatible, and therefore one or both would prefer to dissolve the marriage. Albuquerque, New Mexico does not question one’s reason for choosing to pursue a divorce, and the reason for the divorce does not affect one’s rights or responsibilities stemming from the divorce.

The Petition for Dissolution of Marriage is then filed in tandem with a Domestic Relations form and Summons.

The filing clerk scans and files these documents, assigns a judge, and then issues a Temporary Domestic Order. This Temporary Domestic Order (“TDO”) essentially prevents both parties from transferring money, altering accounts, or otherwise altering the “status quo.” At this stage the divorce process is underway.

Once the Petition has been filed the Petitioner is required to serve the other party – also called the Respondent – with a copy of the Petition, Summons and Temporary Domestic Order. Note that neither the Petitioner nor the Petitioner’s attorney can serve the other party. Generally speaking, service of these initial pleadings is performed by a process server (or anyone other than the Petitioner and/or Petitioner’s lawyer) who personally hands the Respondent copies of the filed documents.

The Respondent has 30 days, from the date of being served with the initial pleadings, to file a response to the Petition.

 

HOW DO I KNOW IF MY DIVORCE IS FINAL IN NEW MEXICO?

 

The divorce is not finalized until a Final Decree of Dissolution of Marriage is signed by the presiding judge and then filed with the court. All divorces require a Marital Settlement Agreement that distributes assets and debts accumulated during the marriage. Marriages with children require the additional step of completing a Parenting Plan that outlines child custody, parents time-sharing and child support. Depending on the circumstances of the marriage, one or both of these documents must be completed before the presiding judge will sign the requisite Final Decree of Dissolution of Marriage, thereby allowing the parties to file the necessary documents that completes the divorce process.

 

WHAT IS THE OFFICIAL DIVORCE DATE?

 

The divorce is finalized on the date that the assigned judge signs the Final Decree of Dissolution of Marriage.

 

(505) SANCHEZ IS HERE TO TALK TO YOU ABOUT STARTING A DIVORCE CASE IN ALBUQUERQUE, NEW MEXICO

 

Do you still have questions about starting a divorce case in Albuquerque, New Mexico?  Divorce often requires the experienced hand and knowledge that comes with years of courtroom practice.  Matthew Legan Sanchez has the experience needed to help you with starting a divorce case in Albuquerque, New Mexico.  Sanchez can be reached by calling (505) SANCHEZ.