Wouldn’t it be nice if there was a pocket-sized summary of Understanding Contested/Uncontested in New Mexico? You know, something like the CliffsNotes that we all used in high school to “guide” our book reports.
Divorce is like life in general. With both, it helps to take a step back and see the full picture. In doing so, one can effectively distinguish the forest from the trees. Similarly, it’s important to understand the different types of divorce, before diving into the specifics of New Mexico divorce law.
ONE SIZE DOESN’T FIT ALL DIVORCES IN ALBURQUEQUE NEW MEXICO
Divorce isn’t a standardized, “copy-and-paste” process. Every marriage is different. Consequently, every divorce is different. Because of this fact, friends and family with great intentions often provide horrible divorce advice.
For instance, possibly your Uncle Bob had a horrible divorce experience. Maybe Uncle Bob loves regaling you with dark tales of alimony, child support, getting stuck with the broken-down Buick, and a painful divorce. With that said, Uncle Bob’s marriage was completely different than your marriage and situation. Therefore, comparing Uncle Bob’s divorce to your divorce is like comparing apples and oranges.
There’s no way around it, a breakup or separation will be a stressful experience. However, the divorce process isn’t always a nightmare. At times, the divorce process can be completed peacefully.
WHAT DIVORCE lAW FITS YOUR MARRIAGE AND SITUATION?
This all begs the question: what divorce fits your marriage? On the sunny side of the rainbow, your divorce could be amicable and uncontested. On the dark side of the moon, your divorce may be contested, contentious, and bitterly litigated.
Let’s explore the full spectrum of Contested/Uncontested in New Mexico.
UNCONTESTED DIVORCE IN NEW MEXICO
Do you and your spouse have a full agreement? If so, you have an uncontested divorce. However, there’s a catch. You see, you must agree on all your divorce terms.
Financially, you need to agree on the following Martial Settlement Agreement issues:
- Dividing community property and debt;
- How to split the marital home’s equity or debt;
- Alimony/spousal support; and
- Dividing retirement accounts/QDRO.
Disagreement on any of these financial issues leads to a contested divorce.
Moreover, when children are involved, you must agree on the following Parenting Plan issues:
- Custody;
- Visitation; and
- Child Support.
In doing so, any disagreement on these parenting issues leads to a contested divorce.
MEDIATED DIVORCE — UNDERSTANDING DIVORCE lAW IN NEW MEXICO
A mediated divorce is somewhere between an uncontested and contested divorce. With a mediated divorce, an attorney acts as a neutral third party. Additionally, the attorney:
- Does not represent either side;
- Provides no legal advice; and
- Helps the parties resolve any divorce issues.
CONTESTED DIVORCE IN ALBURQUEQUE NEW MEXICO
A contested divorce means that a full agreement cannot be reached. Specifically, both sides cannot agree on:
- How to split community property and debt;
- Spousal support; or
- Custody, visitation, and child support.
Importantly, disagreement on any issue causes a contested divorce. For instance, a contested divorce means that the divorce must flow through the court system from start to finish.
With that said, not all contested divorces are created equally. Specifically, there are four basic steps to completing a contested divorce.
STEP ONE includes opening and serving the divorce papers.
STEP TWO involves divorce discovery. For instance, the extent of divorce discovery depends on:
- Marriage length;
- Number of assets/debts accumulated;
- Whether financial information is being hidden; or
- Dirty divorce moves.
STEP THREE involves temporary motions. For example, these motions may include:
- Interim support;
- Temporary visitation;
- Who lives in the martial home; or
- Property issues.
At times, a contested divorce can be completed without any motions being filed.
STEP FOUR finishes the divorce. A contested divorce can be finished in four ways:
- The parties reconcile, dismissing the divorce;
- The parties reach a full agreement;
- Remaining issues are resolved through Settlement Facilitation; or
- The divorce goes to trial.
Importantly, most contested divorce can and should be settled through divorce facilitation. In other words, most contested divorces are completed before trial.
UNDERSTANDING DIVORCE IN NEW MEXICO
Are you looking for more information on New Mexico divorce? If so, a free eBook is available by clicking the image below. This eBook provides readers with a deeper understanding of divorce Contested/Uncontested in New Mexico.
(505) SANCHEZ HELPS YOU UNDERSTAND DIVORCE IN NEW MEXICO
Matthew Sanchez has the trial tested experience to handle your divorce case in New Mexico. For over a decade, Sanchez has handled divorces all across New Mexico, including: Albuquerque, Santa Fe, Socorro/Estancia, Rio Rancho, Los Lunas/Belen, and Gallup/Grants. On your end, talk to a divorce attorney that knows what they are talking about. Talk to (505) SANCHEZ.
