Uncontested Divorce Attorney in Albuquerque

BEST UNCONTESTED DIVORCE ATTORNEY IN ALBUQUERQUE 

 

Are you considering an uncontested divorce in Albuquerque?  If so, you need an experienced attorney on your side that understands New Mexico law  and has a proven record of success. You need an experienced and aggressive attorney that can guide you through one of the most stressful life events that you will face.

No two divorces are created equally. Depending on your individual situation, you may be able to benefit from an amicable and uncontested divorce. Matthew Legan Sanchez has over a decade of experience handling uncontested divorces, and can guide you towards a resolution.

In New Mexico, married couples can file for an uncontested divorce when all of the elements needed for a divorce have been agreed upon before a trial. With uncontested divorces, one has the opportunity to take control over the situation, making decisions about all elements of divorce that a judge would normally decide. Rather than go through the emotional and financial expense of trial, the parties are able to agree on the terms, saving time, stress, and money. This is often the easier and more beneficial route to take.

Best uncontested divorce attorney in Albuquerque

WHAT ARE THE ADVANTAGES OF AN UNCONTESTED DIVORCE? 

  • Both parties participate in the final resolution;
  • Decisions are not forced on either party;
  • Lower cost;
  • Saves time, money, and the stress of litigation; and
  • Greatly speeds up the divorce process.

Divorce can be a painful process and is routinely ranked as one of the most stressful life challenges that one will face. Nevertheless, there are ways to reduce the emotional and financial stress by working with each other on the terms of the divorce — rather than battling your former love in court.

WHAT ISSUES MUST BE RESOLVED TO HAVE AN UNCONTESTED DIVORCE? 

 

Martial Settlement Agreement:

Every case requires a Marital Settlement Agreement that distributes the assets/debts accumulated during the marriage.

Assets include: Any real or personal property that was purchased during the marriage. This includes bank accounts with community funds, retirement accounts, stocks, bonds, etc.

Debts include: Any debts that were accumulated during the marriage, including: Student Loan Debt, Medical Debts, Credit Card Debts, etc.

The issue of alimony/spousal support must also be decided and addressed in the Marital Settlement Agreement.

IF CHILDREN ARE INVOLVED YOU WILL NEED A PARENTING PLAN

Parenting Plan Determines: 

Parties that can agree on all of the elements above can benefit from an uncontested divorce that saves time, money, and emotional stress. An uncontested divorce can also turn a long and drawn out divorce into a relatively quick process.

Ultimately the length of time that a divorce takes can vary dramatically. The time each divorce takes depends on the number of issues involved with your individual case and the ability for the parties’ to reach an agreement outside of court.

DO YOU HAVE AN UNCONTESTED DIVORCE?

If you and your spouse can agree on all of the terms above, then an uncontested divorce is a viable option that could save you precious time and money. It is always important to consult with an experienced attorney to ensure that the agreement is properly executed. Additionally, it is important to consult with an experienced lawyer to ensure that the agreement fairly reflects New Mexico law.

Matthew Legan Sanchez is an experienced divorce attorney that can help you complete your uncontested divorce. Take control of your new life by calling Mr. Sanchez at (505) SANCHEZ.

FAQs FOR UNCONTESTED DIVORCE IN ALBUQUERQUE, NEW MEXICO 

WHAT’S AN UNCONTESTED DIVORCE IN NEW MEXICO?

An “uncontested divorce” means that you and your spouse agree to the division of assets and debts and spousal support, which are necessary to complete the Marital Settlement Agreement (MSA).

When children are involved, you and your spouse also agree regarding custody, support, and other issues that are necessary to complete the Parenting Plan (PP). The MSA and PP are filed with a Final Decree of Dissolution of Marriage, which completes the divorce.

An uncontested divorce in New Mexico means that both parties agree on the following:

  • Division of assets and debts (MSA);
  • The amount and duration of alimony, if any (MSA);
  • Legal Custody meaning decision-making responsibility regarding education, medical, religion, and extra-curricular (PP);
  • Child support (PP);
  • Timesharing with each parent, including ongoing and holiday timesharing (PP);
  • Agreement to be divorced.
HOW ARE ASSETS AND DEBTS DIVIDED IN NEW MEXICO FOR AN UNCONTESTED DIVORCE?

In an uncontested divorce, assets and debts are divided according to your agreement.

Generally the court does not care about how assets and debts are divided, provided that there is a full agreement.

You will need to agree on any assets that were accumulated during the marriage, including:

  • Bank accounts;
  • Vehicles;
  • Homes;
  • Property;
  • Retirement accounts;
  • Collectibles and personal items.

You will also need to agree on any debts that were accumulated during the marriage, including:

  • Credit card;
  • Medical;
  • Student loans;
  • Loans associated with vehicles or other property;
  • Any other debt accumulated during the marriage

Under New Mexico law, community assets and debts are split 50-50. However, New Mexico judges generally honor agreements that do not follow New Mexico law.

CAN MY SPOUSE AND I USE THE SAME ATTORNEY?

No. An attorney can only represent one party to the divorce. If both parties agree on all of the issues addressed above, then an attorney can only represent one party, but can prepare the necessary documents that both parties must sign to the complete the divorce.

Both parties are not required to have an attorney in order to complete the uncontested divorce.

CAN I GET MY SPOUSE TO PAY FOR THE ATTORNEY IN AN UNCONTESTED DIVORCE?

Sure, assuming that your spouse agrees. If not, then you do not have an uncontested divorce, which requires a full agreement regarding all of the issues.

DO I HAVE AN UNCONTESTED DIVORCE IF SOME ISSUES ARE NOT RESOLVED?

No. An uncontested divorce means a full agreement on all of the issues that are necessary to complete the divorce. A partial agreement, however, reduces the number of issues that must be decided if the divorce becomes contested.

WILL WE HAVE TO GO TO COURT, IF WE HAVE A COMPLETE AGREEMENT?

Almost never. Once the agreement is signed before a notary and filed, it generally takes the assigned judge in Second Judicial District Court about five to ten days to review and sign off on Final Decree.

CAN A JUDGE REFUSE TO SIGN THE FINAL DECREE?

Yes. At times the documents might get rejected for the following reasons:

  • Child support is waived without a sufficient reason.
  • No child support worksheet is attached to the Final Decree.
  • The MSA fails to address spousal support;
  • The PP fails to list the child’s “status quo providers/activities”
  • Inconsistent statements.
HOW LONG DOES AN UNCONTESTED DIVORCE TAKE IN NEW MEXICO?

Once a full agreement is reached and the papers are prepared, signed, and then filed, it usually takes the assigned judge about five to ten days to review and sign the final decree.

The Uncontested Divorce Process in New Mexico

 

Not every divorce needs to be a war.  Some divorces can be resolved without months of fighting, hearings, discovery, and trial.  Some New Mexico divorces can be resolved amicably.  New Mexico law enables you to file for an “uncontested divorce” when you and your spouse agree on all of the divorce’s issues.

Although an uncontested divorce in NM can be faster and less expensive than a contested divorce, the process still involves legal documents that need to be properly completed and filed.  A number of problems can arise before your uncontested divorce is finalized.  It is always wise to seek legal help and representation from an experienced and knowledgeable New Mexico divorce lawyer. 

Contested vs. Uncontested Divorce in New Mexico

 

New Mexico is a no fault divorce state.  This means that either spouse can request a divorce without showing misconduct or fault.  Most divorces in New Mexico are based on “irreconcilable differences,” which basically means that the couple is no longer compatible. 

Just because you are getting divorced doesn’t mean that you are unable to agree on the divorce’s terms.  A divorce is considered uncontested when the couple does not have children and can agree on how to divide the community assets and debts.  A divorce with children is considered to be an uncontested divorce when the couple can also agree to custody, time-sharing and child support.  An uncontested divorce in New Mexico requires a complete agreement to all of the issues.  A disagreement on any of the divorce’s issues creates a contested divorce, which requires court involvement.     

 

Uncontested New Mexico Divorce

 

Do you and your spouse agree on the terms of your divorce?  If so then you may be a candidate for an uncontested divorce.  You can work with your spouse to reach an agreement and file the necessary legal documents.  You can avoid a hearing, long drawn out divorce process, and litigation by reaching a full agreement.  It is possible to get divorced in New Mexico without a lawyer.  However, getting a divorce without consulting with an skilled New Mexico lawyer can be a horrible decision. 

 

Disadvantages of Contested Divorce 

 

There are a number of disadvantages with a contested divorce, including:

  • Your judge makes the final decision;
  • Both parties may need divorce lawyers;
  • Potential for multiple court appearances;
  • Possible drawn out discovery process;
  • Process almost always is longer;
  • Cost is almost always higher; and
  • Increased stress and uncertainty.

A contested divorce in Bernalillo, Sandoval, Santa Fe and Valencia Counties can have a number of drawbacks.  It is always preferable to try and resolve your divorce amicably. 

 

Benefits of Uncontested Divorce in New Mexico

 

An uncontested divorce has a number of advantages, including:

  • Making the final decision yourself;
  • Avoid court hearings and trial;
  • Reduced court costs and expenses;
  • Quicker ability to move forward in life;
  • Less time, stress, and expense.

Always consider the benefits of an uncontested divorce in Albuquerque, Rio Rancho, Los Lunas, and Belen, New Mexico when dissolving your NM marriage.

 

How Long Does an Uncontested Divorce Take in New Mexico?

 

The time necessary to complete an uncontested divorce in NM depends on how long it takes to reach a full agreement.  Once a full agreement is reached, the divorce paperwork can be completed.  The divorce documents must then be signed and notarized.  Once filed, the assigned judge usually takes about five to ten days to review and sign the final decree of dissolution of marriage that ends the marriage.

 

Can a Judge Deny an Uncontested Divorce in Albuquerque?

 

Although the settlement and divorce must be approved by the assigned judge, the judge usually will approve the divorce agreement unless there are major issues.  At times a NM judge will deny the uncontested divorce if child support is being waived, or a child support worksheet is not attached.  Some judges might reject the uncontested divorce if the Parenting Plan does not include “status quo providers,” or other information.  The judge may reject a Marital Settlement Agreement that does not address necessary issues such as spousal support.  The judge may also reject the divorce if the terms are grossly one-sided, unfair, or suggest that a spouse signed while under duress. 

 

Contact an Experienced Albuquerque Divorce Lawyer to Learn More

 

Although an uncontested divorce can be quicker and less stressful than a contested divorce, there can be many requirements, rules and procedural issues to successfully complete your divorce.  Having the help of a skilled and effective divorce attorney who understands New Mexico laws can make the process less stressful. Dedicated legal representation can also ensure that you are not forgetting any crucial details, or agreeing to an unfair settlement. 

Matthew Legan Sanchez handles all types of divorce related cases in the state of New Mexico.  Sanchez can help with divorce issues ranging from uncontested cases, mediation, to contested divorce matters.  Sanchez is a divorce advocate that creates divorce solutions.  Sanchez proudly serves clients in Albuquerque, Rio Rancho, Santa Fe, Los Lunas, Belen, Gallup, Taos, and all across New Mexico. 

 

 

Uncontested Divorce in Albuquerque New Mexico