Problems with Uncontested Divorces in Albuquerque, New Mexico

UNCONTESTED DIVORCE IN ALBUQUERQUE, NEW MEXICO

Do uncontested divorces actually exist in Albuquerque, New Mexico — or are they just a myth?

Countless New Mexicans have a favorite urban legend that is told under a full moon in the stillness of the night when the only background noise is the sound of dry leaves and twigs – SNAP, CRACKLE, POPPING – under the weight of stray animals pawing through the dark.

To many people that are going through a hotly contested divorce, an amicable and uncontested divorce seems like a urban legend  – something as mythical as hearing La Llorona weeping in the shadows of the night, or catching a glimpse of El Chupacabra rummaging through one’s waste ben for a discarded Twister’s burrito.

UNCONTESTED DIVORCE PAPERS IN NEW MEXICO

An uncontested divorce means that the married parties agree on each and every element that is necessary for the court to grant a divorce.

For marriages without children, the parties must complete and file the following items for the divorce to be finalized: (1) Verified Petition for Dissolution of Marriage, (2) DR Information Sheet, (3) Marital Settlement Agreement, (4) Final Decree of Dissolution of Marriage.

WHAT COURT PAPERS ARE NEEDED TO COMPLETE AN UNCONTESTED DIVORCE IN ALBUQUERQUE, NEW MEXICO? 

The Verified Petition for Dissolution of Marriage puts the court on notice that the parties to the marriage are requesting a divorce. Because Albuquerque, New Mexico is a no fault state, either party can request a divorce without the need to prove adultery, abandonment, abuse and so forth. Additionally, the Petition must be signed by the Petitioner (the individual requesting the divorce) before a notary.

The DR Information Sheet is a one page document that provides the Court with all of the parties’ relevant information, such as: names, addresses, dates of birth and social security numbers.

The Marital Settlement Agreement (“MSA”) distributes any of the community assets and debts that were accumulated by the parties during the marriage. Albuquerque, New Mexico is a community property state, which generally speaking, means that any assets/debts that were accumulated during the marriage will be split 50-50. Nevertheless, the parties are free to reach any agreement on how they desire for the community debts/assets to be distributed, and at its core the MSA is effectively a contract that states how the parties intend for the community debts/assets to be distributed. Notwithstanding this freedom to determine the terms of the MSA, in situations where the agreement is patently unfair, unjust, or contrary to New Mexico law, the assigned Judge has the power to review the MSA and ultimately to refuse to adopt the MSA as an Order of the Court. Similar to the Petition, the MSA must also be signed by both of the parties before a notary, evidencing their intent to be bound by the terms of the agreement.

Lastly, the Final Decree of Dissolution of Marriage is essentially a Court Order that is signed by the presiding judge that grants the requested dissolution of marriage.

For every case that comes before the court, these four documents must be completed for the requested divorce to be granted.

FILING NM COURTS DIVORCE FORMS 

Procedurally speaking, the court requires each person requesting a divorce to file one copy of the DR Information Sheet. The court also requires three copies of the Petition, Marital Settlement Agreement and Final Decree of Dissolution of Marriage, along with a Filing Fee of $159 for pro se litigants (individuals representing themselves without an attorney).

Once filed, the assigned Judge reviews all of the documents (i.e Petition, MSA and Final Decree), to ensure that all of the requisite information is included. It generally takes the assigned Judge 5-10 business days to review the documents and then sign the Final Decree of Dissolution of Marriage. Once the Final Decree is signed, the documents can be picked up and then filed with the clerk. At this point the parties are legally divorced.

For marriages with children, every element above must be completed, with the additional requirement of completing, signing and filing a Parenting Plan. A Parenting Plans is a legal document that determines issues such as child custody, parental visitation, time-sharing, child support, and any other issues involving the children to the marriage. Similar to the MSA, the Parenting Plan must be signed by both parties before a notary and three copies must be filed with the clerk.

 

(505) SANCHEZ RESOLVES PROBLEMS WITH UNCONTESTED DIVORCES IN ALBUQUERQUE, NEW MEXICO

Has your spouse mentioned divorce and now wants you to sign paperwork?  Do you have questions about uncontested divorce in Albuquerque, New Mexico?   Matthew Legan Sanchez has the experience to resolve problems with uncontested divorces in Albuquerque, New Mexico.