Uncontested Divorce Attorney in Rio Rancho
UNCONTESTED DIVORCE ATTORNEY IN RIO RANCHO
Looking for an uncontested divorce attorney in Rio Rancho? If so, you need an experienced Rio Rancho attorney on your side that understands New Mexico law, with a history of success. You need a dedicated and proven Rio Rancho uncontested divorce attorney that will guide you through a difficult time in your life.
Every Rio Rancho divorce is created differently. Depending on your unique marriage, you might benefit from an amicable and uncontested divorce in Sandoval County. Matthew Legan Sanchez has over a decade of experience handling uncontested divorces in Thirteenth Judicial District Court, and will guide you toward the finish line of divorce.
In Rio Rancho, married couples can file for an uncontested divorce when you have agreed upon all of the necessary divorce elements. With uncontested divorces in Rio Rancho, you have the ability to control the terms of your divorce. An uncontested divorce in Rio Rancho enables you to call the shots regarding all issues of divorce that Judge Cheryl H. Johnston would decide after a trial. Possibly you and your spouse don’t need to go through the financial and emotional expense of a divorce trial in Rio Rancho. Possibly you and your spouse can agree on the terms of your divorce, saving stress, money, and time. Are you a candidate for an uncontested divorce in Rio Rancho?
THE BENEFITS OF AN UNCONTESTED DIVORCE IN RIO RANCHO?
- You control your future and divorce
- Take the decision out of your judge’s hands
- Reduced expense
- Avoid the cost, time, and stress of a divorce trial
- Greatly speeds up your divorce
Divorce can be a horrible life event. A divorce can be devastating. With that said, there are ways to reduce the financial and emotional pain of divorce.
At times you can reduce your costs and stress by agreeing on the terms of your Rio Rancho divorce.
UNCONTESTED DIVORCE REQUIREMENTS
- You or your spouse has lived in Rio Rancho for six months
- Either party claims irreconcilable differences and requests a divorce
- Agreement regarding community property, debt, custody, and support
- Full and complete agreement that is signed by both spoues
WHAT IS AN UNCONTESTED DIVORCE IN RIO RANCHO?
An uncontested divorce in Rio Rancho means that you and your spouse agree on the key issues of your divorce, including:
- How to divide your community property
- Dividing your community debts
- Alimony/Spousal Support
- Child custody, timesharing, and child support
- Other disputes with your unique marriage
You can reach an agreement on your own, or with a mediator’s help. Your uncontested divorce should resolve all issues in the divorce and must be signed by both parties. Any unresolved areas will need to be decided by Judge Johnston.
Was your marriage short? Do you have minimal assets and debts? Do you agree on issues involving your children? Do you and your spouse agree on the terms of your divorce? Matthew Legan Sanchez is a uncontested divorce attorney in Rio Rancho that can answer your questions.
FAQs FOR UNCONTESTED DIVORCE IN RIO RANCHO, NEW MEXICO
WHAT’S AN UNCONTESTED DIVORCE IN RIO RANCHO?
An “uncontested divorce” in Rio Rancho 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.
OVERVIEW OF AN UNCONTESTED DIVORCE IN RIO RANCHO
There are two kinds of divorce in Rio Rancho, contested and uncontested. A “contested divorce” means that you and your partner do not agree on all of the issues need to complete your divorce. For instance, possibly your spouse doesn’t want to end your marriage. Possibly you and your spouse don’t agree on how to divide your community property and debt. Maybe alimony is an area of contention. Possibly you do not agree on custody, time-sharing, and child support. You have a contested divorce when you and your ex disagree about even one issue.
A contested divorce requires your Rio Rancho divorce to follow the proper legal procedure. You will need to file the divorce documents and serve your spouse with the documents. A contested divorce means that you will need to move your divorce through the court, all the way towards a settlement or a trial. You may have to file multiple motions and appear in court on several occasions. Maybe you will need to complete extensive discovery to develop an accurate picture of your community estate. An uncontested divorce usually increases the time and expense of your divorce.
Every Rio Rancho divorce doesn’t need to be a battle. An “uncontested divorce” means that you and your spouse agree on how to divide your property and debt. You also agree on whether one of you will pay alimony, for how long, and how much. When children are involved, you also have an agreement about custody, time-sharing, and child support.
An uncontested divorce in Rio Rancho often takes far less time and can cost significantly less than a contested divorce. Matthew Legan Sanchez is an experienced Rio Rancho uncontested divorce attorney that can help end your marriage.
CONTACT AN EXPERIENCED UNCONTESTED DIVORCE LAWYER IN RIO RANCHO
As you have read, an uncontested divorce in Rio Rancho can be quicker and less expensive. However, there are still many requirements, legal issues, and legal procedures that you must address to successfully complete your divorce. Having the help of an experienced and skilled Rio Rancho divorce attorney can make the legal process as smooth as possible for you.
Matthew Legan Sanchez is a Rio Rancho divorce, child custody, and guardianship attorney.
Sanchez serves Rio Rancho and nearby cities such as Paradise Hills, Zia Pueblo, Los Ranchos, Ranchitos, and Los Padillas, New Mexico.
