Are you trying to get a quick and fast divorce in New Mexico? If so, you probably should avoid second-hand horror stories about the divorce process. You see, some television shows, news, and celebrity gossip magazines want you to believe that every divorce is an all-out war. Fortunately, this misconception doesn’t need to be your reality. In some situations, a divorce can be resolved quickly and amicably.
On your end, the quickest way to get a divorce in New Mexico is to have an uncontested divorce. With an uncontested divorce, you and your spouse agree on all the potential divorce issues. At that point, an experienced attorney can draft and file the proper divorce papers.
Do you have children? If no, then your divorce issues only involve aspects that surround community assets, debt, and spousal support. In other words, your divorce issues only require a Martial Settlement Agreement.
On the other hand, when children are involved, your divorce papers must include a Parenting Plan. In New Mexico, a Parenting Plan outlines legal issues that impact your children. These issues include custody, visitation, and child support. A divorce with children must include a full and complete Parenting Plan. If not, your divorce papers likely will be rejected.
Not all Parenting Plans are created equally. Therefore, it is important to understand and avoid common Parenting Plan mistakes. Avoiding these mistakes can help you to avoid future problems and litigation.
In New Mexico, you or your spouse can request a divorce for any reason. In doing so, you are not required to prove that the divorce is based on fault. Additionally, neither spouse can legally prevent the divorce from happening.
New Mexico also does not require a “cooling off period.” Therefore, you can file for divorce at any point after you are married.
The quickest way to get divorced is to have an uncontested divorce and complete agreement. Do you have an amicable and complete divorce agreement? If so, there are no legal requirements that postpone your divorce from being filed and granted.
At times, uncontested divorces turn sour. To help your case from breaking bad, it is important to consider common reasons why uncontested divorces turn ugly. Also, understanding problems with uncontested divorce in New Mexico can help you avoid potential pitfalls.
Do you and your spouse have a complete agreement? Great. At this point, your complete agreement needs:
Once filed, it usually takes your assigned judge about five to ten days to review and sign your divorce papers.
Depending on your judge’s docket and availability, this timeframe could be extended.
Are you looking for a quick/fast divorce? If so, do you and your spouse have a complete agreement on all legal issues? If not, have you considered Settlement Facilitation?
Unfortunately, some divorces cannot be resolved amicably. Long marriages with considerable assets/debts have a greater chance for disagreements. Even disagreeing on one legal issue – such as alimony, visitation, or child support – leads to a contested divorce. In turn, the contested divorce requires your case to flow through the legal system. Unfortunately, your case flowing through the legal system creates hurdles that slow down the divorce process.
When you cannot agree on your divorce terms, the quickest way to get divorced is to pursue Settlement Facilitation. In doing so, a trained mediator works to guide both sides towards a workable resolution.
An experienced mediator/facilitator helps to speed up the divorce process. An experienced mediator understands New Mexico law. Also, an experienced mediator understands how your judge will likely rule on a contested divorce issue. Aided with this experience, your mediator helps both sides reach a middle ground that resolves contested issues.
With that said, a mediator is not a judge. Therefore, a mediator can only assist both sides with reaching a resolution. In doing so, a mediator – even a retired judge – cannot force one side to be reasonable.
Unfortunately, sometimes a spouse refuses to act reasonable. In doing so, the spouse may desire to delay the divorce process. When this happens, a divorce trial is unavoidable.
In Albuquerque, all divorce cases must complete Settlement Facilitation before a divorce trial is set.
Are you looking for a fast/quick divorce, but disagree on one or more legal issues? If so, has your Settlement Facilitation failed to resolve your contested issues? In this situation, your case requires a divorce trial.
There are several steps to take when trying to get a contested divorce done as quickly as possible. First, you should request a pre-trial scheduling order. This pre-trial order sets deadlines and ensures that your case steadily moves towards a conclusion.
Next, you need to provide your divorce discovery as quickly as possible. In this respect, divorces are commonly delayed by incomplete or postponed discovery. Third, you can accelerate your divorce by resolving as many issues as possible.
For instance, is your main issue alimony/spousal support – or some other isolated issue? If so, you still have the power to resolve your case’s other legal issues. Resolving other issues reduces your divorce’s total number of issues. In doing so, you reduce the number of hours needed to resolve your divorce at trial. Consequently, reducing your trial time often results in a trial being set quicker. As a result, your divorce can be finalized sooner.
It often takes six months to a year for an “all day” divorce trial to be set. On the other hand, a two-hour trial – that only involves an isolated issue – usually is set within three months. In other words, less issues equals less time to finalize your divorce.
The divorce lawyer that you choose can impact your future. Matthew Legan Sanchez has the battle developed knowledge and skills to handle your divorce. Our New Mexico divorce lawyers/attorneys have the skills to guide your case in the best direction.
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.
Also, Sanchez has handled contested divorces across New Mexico, including: Albuquerque, Santa Fe, Socorro/Estancia, 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.
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