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Grounds For Divorce In New Mexico

Eligibility To File For Divorce In New Mexico

How to file for divorce in New Mexico

For an individual to be able to seek a divorce in New Mexico, either that individual or their spouse must have had a residency in the state for at least the past six months, and they must be domiciled in the state. To be domiciled means you have a residence either owned or leased and you have the intention to remain in this residence for the foreseeable future.

If neither spouse can meet these criteria, the court will promptly dismiss your case upon the filing of the initial petition for dissolution.

When there are children under the age of 18 involved, the court expects that these children will have six months residency in the state, as well. If a child does not have residency, you may need to file a separate parenting plan or custody agreement in a court of the state where the child currently resides.

What Is The Waiting Period To Get A Divorce In New Mexico

At least one of the spouses must live in New Mexico for at least six months prior to filing for a divorce. Once a spouse files for divorce, the respondent has 30 days to file an answer to the divorce petition. However, if both couples agree, the 30-period can be waived.

Once the paperwork has been submitted to the court, it usually takes between 30 to 90 days for the divorce to be finalized. The actual time depends on court caseloads and the availability of judges to sign a final Decree of Dissolution.

Compliance With The Divorce Decree Filing Appeals And Making Modification Requests

Once a divorce decree is issued, it is legally binding. A party who refuses to follow the word of the decree may face contempt of court charges, fines, wage garnishment, property seizure, imprisonment, and other consequences.

An individual who feels that the court erred in judgment when approving of a divorce agreement or in issuing its decree can appeal the courts conclusions through a divorce decree appeal. Appeals are only granted in cases where the court applied the law incorrectly new evidence and information may not be presented during an appeal.

It is more likely for a party who is unsatisfied with the divorce decree to be able to have a modification granted. A divorce decree modification can amend the decree to make changes for areas like the child custody agreement, division of property, the payment of spousal support, etc. Modification requests are most likely to be granted when the court sees the request as reasonable and in relation to a specific hardship or unexpected life situation change.

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How Long Does An Uncontested Divorce Take In New Mexico

When you and your spouse have signed and filed your forms for an uncontested New Mexico divorce, thereâs no mandatory waiting period before you may have the hearing to finalize your divorce. The amount of time it takes before your hearing is scheduled will simply depend on how busy the courtâs calendar is.

Get Help With Your New Mexico Divorce Or Custody Case

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Aside from being emotionally and financially taxing, the outcome of your divorce or custody case can have serious and long-term effects for you and your family. It is always advisable to have a qualified divorce attorney on your side who is looking after your interests during a process that can have a significant impact on your life and future. Our Las Cruces divorce attorneys offer online o in-office consultations so you can sit down one-on-one with a professional to go over your case, your concerns what your options are, and what those options may cost. Our Las Cruces Family Law office is located at 1990 East Lohman Ave 217, La Cruces NM 88001. Call , chat with someone now using our live chat function, or contact us to set up your consultation today!

You can also check out our New Mexico family law library and FAQ section to find more information about divorce, custody, alimony, and guardianship in New Mexico.

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Let Nm Divorce & Custody Law Llc Help

The lawyers at NM Divorce & Custody Law, LLC have decades of combined experience easing the legal pain of divorce or legal separation. We understand the process and can mediate terms of the divorce on your behalf and even act as a neutral settlement facilitator for both you and your spouse. Every relationship is unique. This is your divorce and your family.

Contactan attorney today at and find out how you can begin the next chapter of your life.

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We Are Here For You During This Difficult Time

Online Divorce Faq: New Mexico

Filing for divorce can seem overwhelming. Like starting almost any other legal proceeding, it takes finding the right forms, filling out the forms properly, and understanding the courtâs requirements for the next steps youâll need to take.

Traditionally, most people have hired a lawyer to take care of all the legal matters in their divorce. But more and more couples are turning to a much cheaper option thatâs still easier than figuring out everything on their own: filing for divorce online.

If you want to know more, read on for answers to some of the most common questions about online divorce in New Mexico.

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Using The Children As A Weapon

Its easy to say mean things about your spouse in the presence of your children. Remember, this divorce is happening because you and your spouse no longer get along and we all need to vent.

Do your best not to talk negatively about your spouse or about the details of your divorce to your children or within hearing distance or on social media. Do not ask your children to pick sides or ask them who they want to live with. Follow the visitation schedule. Withholding access to the kids only hurts them in the long-run and adds to their anxiety at a time when their world is already falling apart.

Even if the children are over age 18, they still love both parents and dont need to hear the dirty details of why your marriage fell apart.

What Are The Basic Steps For Filing For Divorce

How to File New Mexico Divorce Forms Online

While divorce laws vary by state, here are the basic steps:

  • First, you must meet the residency requirements of the state.
  • Second, you must have grounds to end your marriage.
  • Third, you must file divorce papers and have copies sent to your spouse.
  • Fourth, if your spouse disagrees with anything in the divorce papers, then he will have the opportunity to file papers telling his side. This is called contesting the divorce. If he contests it, then you will have a series of court appearances to sort the issues out. If your spouse does not disagree with anything, then he should sign the papers and send them back to you. If your spouse agrees with everything and signs the papers, this is called a simplified divorce BUT it is only available if you do not have children with your spouse. If your spouse does not sign the papers for a simplified divorce, you would have to file a regular petition for dissolution of marriage. If your spouse doesnt respond to those papers after being properly served, you can get a divorce by default.
  • Fifth, if there is property that you need divided or if you need financial support from your spouse, then you will have to work that out either in an out-of-court settlement or in a series of court hearings. Custody may also be decided as part of your divorce.

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What Is A No

A no-fault divorce in New Mexico simply means that you and your spouse have irreconcilable differences that are permanent. You do not have to provide a further explanation or prove that any actions took place that would cause the divorce, other than you simply dont want to be married anymore.

This simplifies the divorce process and is the route that a vast majority of people choose when filing.

Valuation Of Assets And Liabilities

The valuation of property and assets can be very contentious. There is a tendency to overvalue property the other side wants, and to undervalue property that you want. These issues will often be hammered out in mediation.

Again, there are cases where the valuations are legitimately in dispute where expert valuation may be necessary. In cases of high value assets and property, the investment in expert valuation is well worth the costs.

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Do I Need A Lawyer To File For Divorce In New Mexico

Many New Mexico residents are finding that they can file for divorce and get through the process without the expense of hiring a lawyer if theyâre filing for an âuncontested divorceâ in the state. That means that theyâve agreed with each other about all of the legal issues in their divorce, including:

If you still have disagreements with your spouse about these or any other issues involved in ending your marriage, youâll have to file for a traditional, contested divorce. Because that will involve legal battles and presenting evidence and arguments at court hearings, it would be risky to pursue a contested divorce without a lawyer to navigate the process for youâespecially if your spouse has an attorney.

What Is The Process Of Getting A Divorce In New Mexico

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Before you can file divorce paperwork, you must make sure you meet state residency requirements. That means either you or your spouse must have lived in New Mexico for at least the preceding six months.

The person who files for divorce is the petitioner, and the other spouse is the defendant.

To begin the process, the petitioner must file either a Petition for the Dissolution of Marriage Without Children or a Petition for Dissolution of Marriage With Children. You must use the latter form if you have any children who are under 19 who are still in high school.

After you complete the appropriate form and an information sheet, you need to submit the documents to your countys judicial district court. Each district covers several counties, and you can find out which one you need to submit to by going here.

When you submit your paperwork, youll need to pay a filing fee. In some cases, if you qualify, you can ask for a fee waiver.

You must then legally notify the defendant by serving them with the paperwork. New Mexico has specific rules on how paperwork must be served. This can be done by having a county sheriff deliver the paperwork, any person over 18 deliver the paperwork, or you can send a copy to the defendant via U.S. certified mail, restricted delivery, and a return receipt requested.

After you have completed service, youll need to file proof with the court.

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New Mexico Divorce Lawyer

If you are a man facing divorce in New Mexico, you should contact a New Mexico divorce lawyer to ensure your rights are protected. Cordell & Cordell Albuquerque divorce lawyers are licensed to practice throughout the state and are available for consultations should you seek additional information or possible legal representation. Please call to schedule an appointment.

Stonewalling And Not Meeting Deadlines

Once the divorce case is opened at the courthouse, there are deadlines set by the court rules.

Not producing documents or answering discovery requests on time only drags things out and could subject you to being held in contempt of court for missing deadlines. You have the financial records, not your lawyer.

Understandably, its hard to think about pulling together bank statements, tax returns, car titles, etc., when youre emotionally distraught, but you have to do the homework. Failing to cooperate with your lawyer to provide complete records on time only hurts you in the long run.

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New Mexico Child Custody Overview

Child custody decisions are focused on where a child lives and how much time is spent with each parent when a couple has divorced or does not live together. This can be a complicated process and a court has to make sure that child custody arrangements are made in the best interests of the child.

In New Mexico, as with many states, identifying a childs best interests involves finding the best arrangement to maximize the childs overall happiness, development, and security. It also aims to maintain a childs relationships with both parents.

While a court can also take into account the childs own preference on which parent will care for them, courts in New Mexico will take more serious note of views of children over 14 years old.

Hiring The Wrong Lawyer

Marital Property Division in Divorce Actions

Family law is a complex area of law. Hire a lawyer with experience in divorces and not a general practitioner who knows a little bit about a lot of different legal areas.

Also, do not hire a lawyer with a reputation for being super aggressive and antagonistic. Filing endless motions and refusing to turn over financial records only drags out the process and increases the wedge between the spouses.

As much as you might like to think divorce is your last chance to reform or punish you soon-to-be-ex, think again. Picking a pit-bull lawyer will backfire on you, likely cost you a fortune, and not achieve any better results than a strong, knowledgeable but practical attorney.

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What Does A Divorce Do

The obvious effect of a divorce is that people who were married are made single. People who marry usually own property, and have debts. They may have children together. A divorce determines who is entitled to which property, who is responsible for specific debts, where the children will live, and who will pay child support and how much that parent must pay. A divorce may require one person to pay temporary or permanent support to the other. After two people are divorced, each person is free to marry again.

Can I Get Alimony What Factors Will A Judge Consider

Alimony, also called spousal support, is financial support paid by, or to, your spouse and can be awarded when an annulment, divorce, or separate maintenance is granted. The judge may award you alimony in a single payment or multiple payments , including:

  • rehabilitative spousal support for education, training, or work experience to help you increase your income and become self-supporting. Note: The judge may have a specific rehabilitation plan that you must follow in order to receive the alimony
  • transitional spousal support to add to your income for a specific amount of time
  • spousal support for an unlimited amount of time
  • a single sum that your spouse must pay once or in several installments, which will stop only if the spouse who is getting the support dies or
  • a single sum that your spouse must pay once or in several installments, which does not stop even if the spouse who is getting the support dies.1
  • Typically, the types of spousal support described above in numbers one through four will stop when the spouse who is getting the support dies unless the court order says something different.2

    To decide the amount of alimony and for how long alimony will be paid, a judge will consider:

    1 N.M. Stat. § 40-4-7

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    A Dissolution Of Marriage Is A Legal Action Between Married People To End The Marriage

    A divorce determines how to divide the property and debts of the parties, where the children will live if there are children of the marriage, and who will pay child support and how much that parent must pay. After two people are divorce, each person is free to marry again.

    To obtain a divorce in New Mexico, you or your spouse must have lived in New Mexico for the last six months. To begin a divorce, you must first file a petition and other papers in the district court in the county where you live or where your spouse lives. The divorce is not final until the judge signs the Final Decree of Dissolution of Marriage.

    It is not necessary that both person agree to end the relationship. One spouse cannot make the other stay in a relationship.

    Standing Up For Our Clients Rights To A Fair Divorce

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    Not all marriages are the same. AtThe Lawyers OReilly PC, we are here to help people escape from unhappy marriages as quickly and painlessly as possible. Our Albuquerque divorce attorneyBrendan OReilly and his legal team arewell versed in all areas of the dissolution of marriages in New Mexico and can help walk you through the necessary procedures with ease. We stand ready to fight for you and the wellbeing of your children using our extensive legal knowledge and experience on your behalf.

    We can handle all legal aspects of your divorce, including:

    • Legal separation

    We are a different kind of law firm, and we get that divorce is far from enjoyable.Our legal team understands the emotional turmoil, financial hardship, and other challenges associated with divorce and we are here to provide compassionate, honest, and easy to understand legal counsel as well as other assistance were capable of providing during this tough time. We offer a free 30-minute consultation to all prospective personal injury clients. And for other matters, we charge $275 plus tax for a one-hour consultation and we’ll credit that back to you if you retain Brendan as your lawyer. So please reach out to us to discuss your situation and learn how we can help.

    Heartbroken? If your heart ain’t mendin’, call Brendan at orcontact us online to speak to our divorce attorney about your options today.

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