There are a handful of common uncontested divorce questions in Albuquerque, New Mexico.
At times, the divorce process can seem overwhelming. The answer to these common questions helps readers better understanding the uncontested divorce process.
At its core, an uncontested divorce means that all legal issues are resolved. These legal issues include financial issues. When children are involved, the legal issues also include custody, visitation, and child support.
Sometimes, a divorce can be civilly resolved without appearing in court.
Moving forward, let’s discuss the common uncontested divorce questions in Albuquerque, New Mexico.
WHERE TO FILE FOR UNCONTESTED DIVORCE IN NEW MEXICO
An uncontested divorce is filed with the district courthouse in the county where you live. With that said, you must live in New Mexico for six months before filing your divorce.
Do you live in Albuquerque, NM? If so, you file your uncontested divorce with Second Judicial District Court in Bernalillo County.
Couples that live in Rio Rancho file with Thirteen Judicial District Court in Sandoval County.
What this video for more information about uncontested divorces in New Mexico.
HOW TO FILE UNCONTESTED DIVORCE IN ALBUQUERQUE, NM
How to file an uncontested divorce in New Mexico depends on several facts. First, are you representing yourself without an attorney?
If so, then you would file your divorce in person through Second Judicial Court.
In this situation you would file your paperwork in the domestic matters division. This division is located on the second floor of Second Judicial District Court.
On the other hand, couples represented by an attorney file the divorce papers electronically.
CAN I FILE AN UNCONTESTED DIVORCE MYSELF?
Yes. You can file your uncontested divorce yourself.
In Albuquerque, an unrepresented couple can get the general divorce papers through Second Judicial Court’s “Self Help Division.”
Alternatively, uncontested divorce forms (papers) can be found online. Click HERE to access these forms.
In Albuquerque, divorce paperwork can be filed at Second Judicial District Courthouse.
Watch this video to better understand, “What uncontested divorce papers do I need in Albuquerque, New Mexico?”
WHAT ARE THE STEPS FOR AN UNCONTESTED DIVORCE?
Resolving all legal issues is the first step to complete an uncontested divorce in New Mexico.
For example, you must resolve all financial issues. These financial issues include dividing community property and debt. Moreover, you must also resolve spousal support/alimony.
All financial issues must be resolved for your uncontested divorce to be approved. In other words, your divorce paperwork will be rejected if you do not have a complete agreement.
Additionally, your complete agreement must be put into the correct paperwork. For example, your financial agreement must be put into the correct Martial Settlement Agreement (MSA).
The MSA must then be signed and notarized. Failing to properly sign and notarize the MSA will result in the divorce being rejected. In this situation, you must properly sign/notarize the paperwork and then refile.
Are children involved? If so, you also need a Parenting Plan. The Parenting Plan resolves child-related issues. These issues include custody, visitation, and child support.
The Parenting Plan must be signed and notarized. Otherwise, the Parenting Plan will be rejected.
Third, you need a final decree of dissolution of marriage. The final decree ends the marriage. The final decree also contains the requested name change.
You now need to file your divorce paperwork.
A judge is then assigned to your case. The assigned judge reviews the paperwork.
In doing so, the judge ensures that all legal issues have been resolved. The judge also ensures that the paperwork has been properly signed and notarized.
The judge then signs the final decree of divorce. This final decree ends the marriage.
DO UNCONTESTED DIVORCES GO TO COURT?
Uncontested divorces “go to court” meaning that the divorce papers must be filed with the court.
However, uncontested divorces usually do not “go to court” meaning that both spouses must appear before a judge.
In most cases, couples only “go to court” (i.e. appear before a judge) to resolve contested divorce issues.
There are a wide range of potential divorce issues. These issues range from discovery issues to spousal support issues.
Nevertheless, an uncontested divorce means a complete agreement. Accordingly, a complete agreement does not require spouses to “go to court” to resolve a contested issue. Therefore, it’s important to understand an uncontested vs. contested divorce.
Watch this video to understand, “Can I get divorced without going to court in New Mexico?”
UNCONTESTED DIVORCE WITHOUT SPOUSE SIGNATURE
An uncontested divorce without a spouse’s signature will be rejected.
Under New Mexico law, the divorce paperwork must be properly signed and notarized.
Based on this law, both spouses must sign the divorce paperwork before a notary.
HOW LONG DO UNCONTESTED DIVORCES TAKE?
Are you wondering, “How long do uncontested divorces take?” If so, there are several elements to this question.
First, the answer depends on how long it takes both spouses to reach a full agreement. A true uncontested divorce requires a complete agreement regarding all legal issues.
On one end, both spouses may immediately agree to all legal issues. On the other end, the spouses may go back-and-forth regarding some legal issues.
In other words, the couple ultimately determines how long it takes to reach a complete agreement.
Second, the time needed depends on how long it takes the couple to complete the necessary divorced paperwork.
In this regard, couple might complete the necessary paperwork quickly. Conversely, the couple may take considerable time to retrieve and complete the documents.
Third, the completed divorce paperwork must be filed. The papers are filed with the District Courthouse in one’s county.
A judge is then assigned. The assigned judge reviews the divorce documents. Incomplete documents may be rejected. If so, the couple must fix any issues and then refile.
Do you have a complete agreement? Is the complete agreement signed and notarized? If so, it probably will take your assigned judge about ten business days to review and sign the final decree.
However, the time that it takes your judge to review and sign the final decree depends on several factors.
Your judge’s schedule and availability are the most important factors impacting the overall time needed.
Moreover, the time that it takes varies from one courthouse to another. For example, a county with only one judge (i.e. Sandoval County), may take longer than Bernalillo County.
WHY IS MY UNCONTESTED DIVORCE TAKING SO LONG?
There are several factors that impact why an uncontested divorce is taking so long to be finalized.
First, the paperwork may not be complete. Moreover, there may be minor or major issues with the paperwork.
Second, the divorce documents may not be properly signed or notarized.
Third, the court may be overwhelmed with cases. In this situation, the uncontested divorce paperwork may still be sitting on the judge’s desk.
CAN AN UNCONTESTED DIVORCE BE REVERSED?
In some situations, an uncontested divorce can be reversed. Under Rule 60(B), the divorce might be reversed based on:
- Mistake, inadvertence, surprise, or excusable neglect;
- Fraud; or
- Any other reason justifying relief.
In this situation, a spouse could file a Rule 60(B) motion to set aside. Nevertheless, usually this motion must be made within one year after the divorce is entered.
WHEN IS AN UNCONTESTED DIVORCE FINAL?
An uncontested divorce is final once the judge signs the final decree of dissolution of marriage.
An uncontested divorce is not final when the paperwork is filed. Instead, the paperwork must be reviewed and then signed.
At times, the divorce papers may be rejected. If so, any issues must be fixed. Once fixed, the divorce papers can then be re-filed.
Nevertheless, the process is not final until a judge signs the final order.
