There are a handful of reasons why uncontested divorces turn ugly and fall apart in New Mexico. With some cases, emotions rise to a point where the two sides no longer can work hand-in-hand and the uncontested divorce becomes contested. The unique reason for the divorce breaking bad usually involves the two sides disagreeing on a legal issue that prevents the uncontested divorce from being signed, filed, and completed.
Here are the common reasons why uncontested divorces turn ugly in New Mexico.
ONE ISSUE CAN CAUSE AN UNCONTESED DIVORCE TO GET UGLY
An amicable divorce can turn ugly fast. Sometimes a divorce begins amicably and somewhere along the line the divorce turns ugly. The emotions surrounding the divorce can rapidly change due to dishonesty, infidelity, harassment, or abuse. In some situations, the harassment or abuse can lead to a Restraining Order of Protection being entered.
Sometimes one side feels resentment for why the marriage ended. This resentment can start as a spark that builds into a roaring rage, burning any chance of resolving the divorce amicably.
Often a domino effect takes place. One issue can create a crack that leads to the entire agreement crashing and falling apart. Disagreement on one issue can lead to the uncontested divorce falling apart. Any disagreements regarding the following issues can collapse an uncontested divorce:
- Community property and debt;
- Spousal Support/Alimony;
- Custody and parenting time (visitation); or
- Child Support.
COMMUNICATION PROBLEMS — WHY UNCONTESTED DIVORCES TURN UGLY IN NEW MEXICO
The root of disagreements often grows from communication problems. The divorce process can be stressful and confusing.
One side may have a different understanding of New Mexico law, or about the terms necessary to complete the divorce. This stress can lead to communication problems that grow until both parties are no longer seeing eye-to-eye about the needed agreement to complete the divorce.
With some uncontested divorces, the two sides attempt to complete the divorce without an attorney. When this happens, both sides are responsible for:
- Communicating about legal issues;
- Reaching a full agreement on all legal issues;
- Signing the divorce paperwork; and
- Properly filing the divorce paperwork.
Anywhere along the line, emotions can be triggered that create an explosion of communication problems. These communication problems can lead to a breakdown that transforms the uncontested divorce into a contested divorce.
REFSUAL TO SIGN DIVORCE PAPERS TO COMPLETE THE PROCESS
With some divorces, the two sides verbally reach an agreement and then one side refuses to sign the divorce papers. Common reasons for refusing to sign the divorce paperwork include:
- New information has been provided about the agreement;
- The agreement is one-sided and unfair;
- The agreement is not based on New Mexico law;
- One side has cold feet about the agreement;
- One side wants to prevent the divorce from being completed; or
- For any unique reason, one side no longer agrees to the terms of divorce.
It is not enough to verbally agree about the issues needed to complete a Marital Settlement Agreement, Parenting Plan, and Final Decree. The agreement must be properly documented and signed before a notary. The divorce cannot be completed until the necessary documents are properly signed.
Uncontested divorces commonly turn ugly when one side refuses to sign the divorce paperwork.
UNREASONABLE DEMANDS
The divorce process can be an emotional journey from start to finish. Several potential issues can transform into hurdles that block the path towards finishing the divorce.
A common reason for an uncontested divorce turning ugly is that one side is making unreasonable demands that do not reflect New Mexico law. These unreasonable demands might include:
- Custody or timesharing that is not in the child’s best interests;
- One side gets an unfair share of the community property;
- One side is required to keep more of the community debt; or
- One side demands to waive child support or alimony.
In some cases, one side verbally agrees to one of the issues above and then speaks with an experienced divorce attorney. After speaking with an experienced attorney, the person learns that the other side is making unreasonable demands that do not reflect New Mexico law.
Based on this new information, one side refuses to sign and finalize the uncontested divorce that includes an unfair agreement and unreasonable demands.
DISAGREEMENTS ABOUT SPOUSAL SUPPORT OR CHILD SUPPORT
Verbal agreements – or email/text agreements – are not enough complete a divorce. For any number of reasons, one spouse may initially agree to waive spousal support or child support. Possibly the spouse was emotionally manipulated or bullied into reaching the agreement. After speaking with a friend, family member or attorney, the spouse discovers that the verbal agreement is not fair and is not based on New Mexico law.
Based on this change of heart, the spouse requests to calculate child support or spousal support according to New Mexico law. The other spouse becomes angry and refuses to follow New Mexico law on the issue – arguing that an agreement has already been reached.
This same process can also take place with retirement accounts or community debt. One side may initially agree to an unfair agreement, discover New Mexico law on a specific issue, and then refuse to sign the divorce paperwork.
DIVORCE ATTORNEY NEAR YOU EXPLAINS WHY UNCONTESTED DIVORCES TURN UGLY IN NEW MEXICO
Are you trying to understand why uncontested divorces turn ugly in New Mexico? Matthew Sanchez has the battle tested experience to help you understand New Mexico law regarding uncontested divorces. Sanchez has handled uncontested divorces all across New Mexico, including: Albuquerque, Santa Fe, Los Lunas/Belen, Rio Rancho, and Gallup. Talk to a seasoned and successful divorce attorney that knows what they are talking about. Talk to (505) SANCHEZ.
