To better understand the divorce process in Albuquerque, New Mexico it is important for one to know the steps that must be taken on the legal journey towards divorce.
THE DIVORCE PROCESS IN ALBUQUERQUE,NEW MEXICO – ESSENTIAL STEPS TOWARDS YOUR NM DIVORCE
Contested divorces in New Mexico tend to follow a similar path and journey. The typical NM divorce often includes the following steps:
ARE YOU ELIGIBLE TO FILE YOUR DIVORCE CASE IN NEW MEXICO?
To file for a divorce case in New Mexico, one spouse must be a New Mexico resident for at least six consecutive months before the petition (request for divorce) is filed.
In situations where the couple has lived in NM for six consecutive months, but lived in different counties, the divorce can be filed in either county. For example, let’s assume that a couple has lived in New Mexico for at least six months before a divorce is requested. However, Husband is living in Rio Rancho and Wife is living in Albuquerque, NM. In this situation, the divorce case could either be opened by Husband in Rio Rancho – or Wife in Albuquerque.
DOES ALBUQUERQUE, NEW MEXICO HAVE JURISDICTION?
Divorce cases fall under the domestic matters (DM) branch of civil court. Although civil in nature, the divorce case must be filed in the appropriate division (DM division). The divorce must also be filed in county court where one of the parties resides. For instance, in Albuquerque New Mexico, divorces are filed in Second Judicial District Court’s DM Division.
GROUNDS FOR DIVORCE PROCESS IN NEW MEXICO
New Mexico is a no-fault state. This means that neither spouse is required to prove fault to get a divorce in New Mexico. With that said, the spouse filing/requesting the divorce can allege grounds such as:
- Incompatibility;
- Cruel and inhuman treatment;
- Adultery; or
- Abandonment.
FILING THE DIVORCE ALBUQUERQUE, NEW MEXICO
The spouse that files/requests the divorce papers is called the petitioner. On the other hand, the spouse that is served with the divorce papers is the respondent. If the case moves forward to trial, the petitioner will have the first opportunity to present their case.
SERVING THE DIVORCE PAPERS
The petitioner must properly serve the respondent with the divorce papers, including:
- Petition;
- Summons;
- Temporary Domestic Order; or
- Any Motions that have been filed.
There are several options on how to serve divorce papers in New Mexico. How the divorce papers are served can influence the divorce’s tone and momentum. For example, personally serving a spouse at work – or at a public setting – can be embarrassing and lead to resentment. This resentment can spillover and sour the divorce process.
ANSWERING THE DIVORCE PETITION
The Respondent has thirty days to file a written response. The thirty days begins on the date that the Respondent is personally served. Three days are added to the thirty days if the divorce petitions is served by:
- Mail;
- Fax;
- Email; or
- Deposit at a location for an attorney at a court facility (extremely rare).
THE DISCOVERY PROCESS DURING DIVORCE
Each spouse must disclose their financial information. The discovery process during divorce can either be conducted formally or informally. Uncontested divorces generally require little or no discovery.
DEADLINES/PRE-TRIAL SCHEDULING ORDER
Divorce cases are not self-propelling. In other words, once filed a divorce case will not move itself forward. To move the case forward, the parties need a pre-trial scheduling order that sets deadlines for:
- Filing motions;
- Completing divorce discovery;
- Appointing experts (if necessary); and
- Completing mandatory Settlement Facilitation.
The scheduling order is usually completed without the need for a hearing. At times, especially when one spouse is attempting to delay the divorce process, a hearing may be necessary to get a scheduling order that sets deadlines. These deadlines ensure that the divorce case forwards.
It is important to keep a divorce case moving, because divorce cases can be dismissed for lack of action.
DIVORCE SETTLEMENT FACILITAITON IN ALBUQUERQUE, NEW MEXICO
Most divorce cases do and should be resolved at Settlement Facilitation (mediation). Settlement facilitation is a mandatory process with every divorce that is filed in Albuquerque, New Mexico. Divorce Settlement Facilitation is a process where a trained and skilled mediator (usually a retired judge or experienced attorney) guides the parties towards a resolution that reflects New Mexico law.
At times, both sides to the divorce are far apart and need to find a middle ground. Both spouses usually must give a little to reach a resolution that is fair and based on NM divorce law. A good divorce facilitator has the needed experience to give both sides a “wake-up call” if unreasonable demands are being made.
TRIAL ON THE MERITS
Most contested divorce cases should be resolved during Settlement Facilitation. With that said, some cases fail to be resolved during facilitation because:
- One spouse is making unreasonable demands;
- A spouse is angry about the divorce and wants to prolong the process;
- One spouse wants “their day in court” to explain how they have been wronged; or
- A spouse believes that NM law is immoral or unfair and wants their day in court.
A divorce trial is necessary when the parties are unable to reach a full agreement regarding:
- Parenting Plan issues such as custody, visitation, and child support; or
- Martial Settlement Agreement issues such as dividing community property/debt, retirement accounts, and spousal support.
A divorce trial takes the power decide how the divorce will be resolved out of the parties’ hands – placing the power in the assigned judge’s hands.
Most New Mexico judges will openly warn the parties – before trial – that they are better off resolving their issues through facilitation rather than trial. With that warning in mind, some divorce cases cannot be resolved amicably, for the reasons outlined above. These cases must journey into court – for better or worse.
CONTACT AN EXPERIENCED NEW MEXICO ATTORNEY TO UNDERSTAND THE DIVORCE PROCESS IN ALBUQUERQUE, NEW MEXICO
Matthew Sanchez has the battle tested experience to effectively explain and handle the divorce process in Albuquerque, New Mexico. Sanchez has handled divorces all 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.
