Making a choice to get divorced is one of the most difficult decisions.
Even if things have gone south with the marriage, the union holds innumerable memories and experiences. When minor children are part of the equation, it can be even harder.
Let’s get into the questions about divorce in New Mexico. To do that on a smaller scale, the short answer is “no”. In New Mexico, you do not need an attorney to file a divorce.
However, you may want one.
How Much Is a Divorce Going to Cost Me?
The price of a divorce varies greatly, primarily according to its level of conflict and complexity. In general, the more contentious and complex a divorce, the greater the cost.
In the state of New Mexico, the stated filing fees for a divorce are $300-750 at a minimum. All of which, of course, assumes you fill out all the paperwork correctly, do it yourself and that you and your spouse are perfectly amicable.
However you file, through “self-help services” or through attorneys, and whether you have a contested divorce, the price of divorce rises from there. If so, you’ll likely want or need to hire an attorney to advocate your position for you in court. And many things commonly associated with divorces, such as pension divisions, will require special types of orders (eg, Qualified Domestic Relations Orders, or “QDROs,” to split pension divisions) that most people cannot hope to accomplish without expert professional assistance.
Can I Get Alimony or Will I Have to Provide Alimony?
The word “alimony” means what is sometimes also referred to by the courts as “spousal support” or “spousal maintenance” and it generally represents a court ordering the person in the relationship who has historically been the “breadwinner” to compensate their spouse so that this spouse can adequately maintain their lifestyle once the divorce has-been formalized.
Though there is no dictated formula for alimony (as there is for child support), we have developed an analysis that does allow some degree of predictions depending on the case’s facts, and the information and articles explaining that analysis are presented at our alimony and spousal support page.
New Mexico family court judges have wide discretion to grant alimony. That’s entirely up to the judge on your case and might be a good reason to call a divorce attorney.
How to Get a Divorce in New Mexico
Choosing whether to divorce is a huge decision, maybe the biggest one you’ll ever face. If you and your spouse cannot come to terms, though, it might be time for a divorce.
One of the most common use of family courts in America is divorce. In the United States, one divorce is granted every 13 seconds and about 41% of marriages end in divorce.
You may want to know how long you have to live in New Mexico to get a divorce. New Mexico family courts can only grant divorces to New Mexico residents who’ve been living in the state for at least six months mind you. There are a number of technical requirements, such as “corroboration” of residency, most commonly gotten by having someone who knows you, and knows you to live in New Mexico, sign an Affidavit of Resident Witness on your behalf.
A DIY Divorce
If you want to get a divorce in New Mexico, you can do so without hiring an attorney or using mediation. You can file for divorce yourself.
To do so, however, requires you and your spouse agreeing on every major item of divorce, from child care and custody to spousal maintenance to marital property and debts.
It also means that you need to be able to fill out the paperwork required to file for a divorce and that you will accept the judge’s decision as final. This necessitates a great deal of legal understanding, and for most, it is a near-impossible undertaking.
Use Mediation
For many parties with wholly or largely amicable relationships with their spouse considering divorce, mediation is seen as a more cost-effective option than full-scale litigation. And even if you and your spouse don’t agree on some of the bigger issues in your divorce, they can often be worked out with a mediator.
The mediator isn’t working for either of you, rather this individual serves as an advocate for each spouse, or both of you. Mediation is meant to help spouses navigate the divorce process together and prevent the divorce from going to court.
While mediators are not representing either spouse, even when the mediator is a lawyer, and there are some stages in the process where having an attorney in your corner is hugely beneficial. Mediation usually runs several hundreds, or thousands of dollars per session but that is still often much cheaper than litigation all the way to trial. For more details, visit our mitigation page.
Consider A Collaborative Divorce
A “collaborative divorce” is meant to help the parties involved move toward a settlement. Both parties must agree to a collaborative divorce and hire a collaborative lawyer. If it doesn’t go well, both sides have to find new lawyers.
Collaborative divorces are designed to encourage attorneys and their clients to work toward a resolution so that a settlement is reached, but misusing the process can cause the parties to spend time and, or money and then have to restart the case from square one. If it works, collaborative divorce is not typically as expensive as full-blown litigation.
Litigation – Hiring a Divorce Attorney
Although hiring a family law attorney to file for a divorce and represent you in court can be seen as the most expensive route to take, often a good attorney can save you time and money that you otherwise could have wasted and a family law specialist often recognizes issues and opportunities that someone not fluent and knowledgeable in the realm of family law would miss completely.
Circumstances that would/should require an attorney include (not limited to):
- Irreconcilable conflicts over major issues
- Contested custody of a child or other child-related issues (though this can sometimes be resolved in mediation)
- One partner exercising power over the other
- Cases where there are “dissipation” or “waste of assets” claims, e.g., gambling debts, gifts for a paramour, travel, etc.
- When it relates to domestic violence, assault or child abuse
- Specialized or technical property matters, such as pension divisions
- Contested claims to alimony
- When working with the other spouse is ineffective or dangerous
Consultation
In those cases, and others, it’s wise to at least check in with a lawyer. You might even decide not to use this lawyer to actually represent you, but with an attorney hired on a consulting basis.
They can look through all your documents, suggest recommendations, raise concerns and more to help you make sure your divorce is filed the way you want it to be. See consultation policies, procedures and costs page
Representation
If you do hire an attorney to represent you, that attorney is going to do all of the things that they can do to be your advocate inside and outside of the courtroom. You will have a very well-educated citizen with significant legal experience working solely on your behalf.
If you opt to hire an attorney to represent you, do so carefully. Verify credentials and experience, and at least interview a few different attorneys before deciding on one to handle your case.
What if You Can’t Afford a Lawyer?
If you cannot afford an attorney, you may be qualified to a low-cost attorney from Legal Aid, or you may be able to find an attorney to take your case pro bono (without charge). You can inquire with the attorney whether there are lower-cost options, or ask for a referral to others who may have lower retainer requirements or hourly rates.
Experienced Family Law Attorney in New Mexico
When your matter is presented in court, a family law lawyer assigned to your case will act as your personal advocate. These people will do everything the law provides to turn every stone to get the most out of your case.
If you have legal issues that are troubling you, or if you are just concerned about proper representation in court, it is almost always the best choice.
And your desired outcome is by no means guaranteed – no ethical attorney is ever going to promise you a result in what’s going to be an contested case – but divorce attorneys are experts in family law. They know the legalese, the documents, the system, the judges, the rulings. A divorce lawyer has your interests at heart; and as such, they are able to negotiate the best settlement possible on your behalf.
Divorce is painful and messy, but an excellent divorce attorney you have by your side in court, many of the troubles involved in filing for divorce can be assumed on your attorney, leaving you the time you need to heal and move on.
Searching for your divorce attorney in New Mexico? Visit Anthony Griego, at The Law Office of Anthony Griego LLC
