Are you wondering what steps are needed to complete an uncontested divorce in New Mexico? If so, by now you likely understand the difference between an uncontested divorce and contested divorce.
Additionally, you might already know what uncontested divorce papers are needed to complete the process.
Moving forward, let’s examine the four uncontested divorce steps that are needed to end your marriage.
STEP 1: UNDERSTANDING NEW MEXICO DIVORCE LAW
The first step towards ending your marriage is understanding New Mexico divorce law. You see, at times, your ex may bully or manipulate you into a bad agreement. At other times, not understanding your legal rights could lead to a lopsided, or unfair agreement.
It is essential to understand how New Mexico law applies to your uncontested divorce. For instance, you need to know how assets and debts are divided during marriage. Next, it is crucial to understand how alimony/spousal support applies to your marriage.
Are children involved? If so, you need to understand child custody in New Mexico. Namely, it is essential to be informed about custody, visitation, and child support.
Every marriage and divorce are different. For instance, comparing your marriage and divorce to a friend or family member’s divorce is like comparing an apple to an orange. Additionally, friends or family members with great intentions may provide horrible advice.
It is always essential to speak with an experienced divorce attorney. Speaking with an experienced attorney helps you understand how New Mexico law applies to your unique case.
STEP 2: PROPOSAL
Have you discussed your divorce with an experienced attorney? Great! Now is the time to think about a proposal. Specifically, think about how New Mexico law applies to your case. For instance, you should consider:
- How to divide community assets/debts;
- is alimony appropriate?
- What happens to your marital home?
- What custody, visitation, and child support are appropriate.
After considering these elements, create a proposal that resolves your divorce issues.
STEP 3: DISCUSS PROPOSAL WITH SPOUSE
Do you have a proposal? If so, now it’s time to talk about your divorce terms with your spouse. On the sunny end, you and your spouse are in complete agreement about your divorce terms. Awesome! In this situation, you’re ready to put your agreement into the needed divorce papers.
In the middle, are you close to an overall agreement, but are off on a few issues? If so, is one side requesting something that is not supported by NM law? For instance, is one side refusing to pay alimony or child support? In this situation, your uncontested divorce is in danger of becoming a contested divorce
On the gloomy side, your proposal has been rejected. In this scenario, was your proposal rejected for a legitimate reason? For example, was your proposal rejected because it is one-sided, or unreasonable? If this is the case, then your proposal should be updated to accurately reflect NM law.
As mentioned, every divorce is different. With that said, here are some common reasons why uncontested divorces turn ugly.
STEP 4: DRAFT, SIGN, AND FILE UNCONTESTED DIVORCE PAPERS
Take a moment to breathe and recognize the work that you’ve accomplished. At this step, you’ve completed most of your divorce’s heavy lifting. Now it’s time to put your agreement into the necessary divorce papers. These papers include:
- Petition;
- Marital Settlement Agreement;
- Parenting Plan (if there are children);
- Final Decree.
You may be wondering, “Do I need an uncontested divorce attorney?” In short, no. With that said, an experienced attorney can guide you through the divorce process. In doing so, an experienced attorney can ensure that your agreement is complete and correct. Additionally, an experienced attorney can assist with signing and filing the necessary papers.
Once filed, your assigned judge will review and then sign the final decree. At times, the divorce papers are rejected if they are not completed correctly. For this reason, an experienced attorney can help prevent unnecessary and awkward interactions between you and your ex. Most importantly, your attorney helps reduce the stress of understanding potentially complex legal requirements and procedures.
Has your judge signed the final decree? Congratulations! Your marriage is officially over. Now it’s time to start the next chapter in your life.
GET HELP COMPLETING YOUR UNCONTESTED DIVORCE IN ALBUQUERQUE, NM
Do you have questions about your uncontested divorce in New Mexico? When considering an uncontested divorce, it is essential to speak with an experienced divorce attorney. For over a decade, Sanchez has handled uncontested divorces all across New Mexico, including: Albuquerque, Santa Fe, Taos, 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.
Steps to Complete an Uncontested Divorce
