Picture this — you step out of your office and move towards your car. A person walks towards you and asks, “are you Jane Doe?” You reply, “yes,” with a tone of curiosity and uncertainty. In response, the stranger hands you a small stack of papers. Confused, you look at the first page and see that it is a legal document. Specifically, you see that you have been served with contested and uncontested legal divorce papers.
You’ve just been served with uncontested and contested legal divorce papers. After being served with legal divorce papers, a flood of thoughts run through your mind. Some of these thoughts may include:
- What should I do when served with legal divorce papers?
- How do I answer legal divorce papers served on me?
- Can I respond to contested and uncontested divorce papers without an attorney?
- How do I respond after being served with legal divorce papers?
- What happens after legal divorce papers are served on me?
Have you recently been served with contested and uncontested legal divorce papers? Alternatively, are you expecting to be served with legal separation papers soon? Either way, here are some tips on what to do when served with legal divorce papers in New Mexico.
SPEAK WITH THE BEST CONTESTED AND UNCONTESTED DIVORCE ATTORNEY IN NEW MEXICO
When facing a divorce, it is important to immediately speak with an experienced divorce attorney. Ideally, you should speak with an experienced divorce attorney before your separation. If possible, it is ideal to speak with an attorney before you are served with divorce papers.
An experienced attorney can explain your rights and responsibilities. An experienced attorney can also help you to identify issues that can hurt your case moving forward. Additionally, a seasoned attorney can help you understand the divorce process and what to expect. This understanding can help you manage the stress and uncertainty of marriage separation. Finally, a top divorce attorney can inform you about deadlines, and how to strengthen and build the best divorce case possible.
With that said, sometimes it is not possible to speak with the best divorce lawyer until after you are served with legal separation papers. Have you already been served with legal separation papers? If so, it is important to immediately speak with the top divorce attorney in New Mexico.
FILE THE RESPONSE AND COUNTERCLAIM ON TIME
Have you already consulted and/or retained an experienced attorney? Good. The next step to take is for your attorney to file a Response. In some cases, your attorney should also file a counterclaim. For instance, possibly you are requesting alimony or interim support. If so, it is essential to file a counterclaim that locks in this important request.
In New Mexico, you have 30 days to respond to your divorce papers. Failing to file the necessary response could lead to a Default Divorce Decree being entered. If this happens, your ex could be granted anything that is requested. Because of this fact, it is vital to file the response on time. Doing so helps you to avoid losing valuable rights.
An experienced attorney can also craft the appropriate counterclaim. The divorce papers that you received include Marital Settlement Agreement issues such as community property, assets/debt, marital homes, and alimony. Additionally, the divorce request includes Parenting Plan issues such as custody, visitation, and child support.
An effective response and/or counterclaim enables you to counter your ex’s requests. In doing so, your response may better reflect the reality of New Mexico law.
DO NOT INVOLVE YOUR CHILDREN IN THE DIVORCE DISPUTE
New Mexico courts detest children being involved in family court matters. This stance is illustrated by:
- Not allowing children to testify in court;
- Preferring to hear children through Court Clinic or Guardian Ad Litem;
- Discouraging parents from involving the police through welfare checks; and
- Lecturing parents for speaking with children about litigation.
Simply put, New Mexico courts avoid involving children with divorce and custody cases. Because of this fact, judges will not be happy if you involve your children in your family court matter. In fact, involving your children with your case can significantly hurt your case regarding custody and visitation.
Keep in mind, children should not be involved in adult disputes. Moreover, children should not feel compelled to pick sides with one parent. Therefore, you and your spouse should only talk about your divorce. In doing so, your children should not hear or be involved with decisions involving your divorce.
Finally, avoid bad-mouthing the other parent. It is never appropriate to “talk trash” about your ex to your children. Accordingly, your children are on a “need to know” basis. Your children do not need to know about:
- The reason for your separation;
- Financial issues such as spousal support or child support;
- Court ordered visitation; and
- Legal concepts and jargon such as “best interests of the child.”
AVOID ACTIONS THAT HURT YOUR CONTESTED AND UNCONTESTED LEGAL DIVORCE CASE
Building the strongest divorce and child legal custody case often means avoiding actions that haunt your legal divorce case. Here are some ways to strengthen your uncontested and contested legal divorce case:
AVOID ANY FORM OF ABUSE
Eliminate domestic disputes. In doing so, do not become involved in any behavior that could be classified as abusive. For instance, avoid anything that can be called harassment, threats, stalking, or damage to personal property. Abusive actions can lead to a Restraining Order of Protection being filed. This Restraining Order of Protection can significantly hurt your case.
ABUSING DRUGS OR ALCOHOL
Avoid drugs and alcohol. Do you have a history of problems with drugs or alcohol? If so, history will likely repeat itself in your divorce and custody case. For example, if drugs or alcohol were a problem area in your marriage – they will likely be a problem area in your divorce. Moral of the story, eliminate this problem area by getting clean.
ABUSIVE COMMUNICATIONS
Avoid harassing or threatening messages. Abusive or threatening text messages/emails will only hurt your case. Most importantly, abusive communications can lead to a Restraining Order of Protection.
Similarly, do not post anything negative on the internet. Are you about to post a picture/comment on social media? If so, ask yourself What Would Jesus Do? Would Jesus and/or your sweet grandmother approve of your “cool” post? If not, then hit the delete button. As said, building your case often involves deleting poor choices and actions.
DIVING INTO A NEW RELATIONSHIP
Wait to jump into a new relationship. Immediately jumping into another serious relationship can negatively impact your custody and visitation case. For instance, your judge may have an issue with a new partner living with your children. This new arrangement could be considered a big change in circumstances. Accordingly, this change could lead to your status quo visitation being changed.
DEVELOP A GAME PLAN AND TAKE ACTION
Failing to plan is planning to fail.
Building your legal marital separation or child full legal custody case is like building a beautiful home. A solid and durable home requires a solid plan and foundation. Accordingly, a professional builder is needed to ensure that your home’s foundation is solid. In doing so, the professional builder must get the appropriate permits, develop the ideal structure, and then put the plan into action. Similarly, building the best divorce or child full custody case involves working with the best divorce & child full custody attorney.
The top lawyer can help you develop a winning strategy. Moreover, the best divorce lawyer knows New Mexico law and can coach you on taking action that leads to your desired goal.
(505) SANCHEZ HELPS YOU WHEN SERVED WITH CONTESTED AND UNCONTESTED LEGAL DIVORCE PAPER IN NEW MEXICO
Since 2009, Matthew Sanchez has helped New Mexicans understand what to do when served with divorce papers in New Mexico. Sanchez has over a decade of trial experience in courthouses across New Mexico, including: Rio Rancho, Los Lunas, Belen, Gallup, Santa Fe, Estancia/Socorro. Speak with a durable and the best child full legal custody and contested and uncontested divorce attorney in New Mexico. Speak with (505) SANCHEZ.
What to Do When Served with Contested and Uncontested Legal Divorce Papers in New Mexico
