We all know that divorce is difficult. Even going through the legal process to get divorced can be traumatic. Because of this, many people try to lessen the emotional and lengthy courtroom drama that often comes along with divorce. One divorce option that you may have heard of is called an uncontested divorce. In Albuquerque, NM you can file for divorce without litigating matters such as child custody and property division, and it is called an uncontested divorce. When you file uncontested divorce court paper pleadings, you’re essentially telling the court that you two both agree on everything up front.
Uncontested Divorce Albuquerque NM
Uncontested divorce may sound appealing, but there are some things you should know. Contested divorce is not ideal in every situation. If you think an uncontested divorce is right for you, there is some important information you should know. You want to ensure that your interests are represented and that you get a fair outcome. Here is everything you need to know about uncontested divorce in Albuquerque, NM:
What Is an Uncontested Divorce?
An uncontested divorce is one in which both parties agree to all major issues before filing. There are no contested issues that require legal intervention. You simply file your divorce papers stating that you two agree and the divorce is finalized. In an uncontested divorce, there is no court trial. There are no hearings and there’s typically no formal discovery process. The couple who is divorcing discusses all issues and reaches an agreement. Then, they file papers with the court stating the agreement and asking the court to finalize the divorce.
How Do You Do an Uncontested Divorce in Albuquerque?
In order to file an uncontested divorce, both parties must come to an agreement prior to filing for divorce. Everything is agreed upon ahead of time. You prepare your final divorce decree before you even file for divorce. You then take your completed paperwork and file it with the court. When filing your paperwork, you provide all of the required documents and a statement that your divorce is uncontested. The court reviews your paperwork, makes sure everything is filled out properly and your divorce is granted.
Do I Still Get to File for an Uncontested Divorce If I Have Children?
Yes. You can file for an uncontested divorce with children in Albuquerque. Matters of custody, parenting time, and child support are decided by the divorcing parties. An uncontested divorce with children may be more difficult than if you and your spouse had no children. Child-related issues can be more difficult to negotiate than financial issues. You also have additional paperwork requirements when minor children are involved. However, every case is different. As long as you and your spouse can agree to all issues, you can file an uncontested divorce in Albuquerque even if you have minor children.
There are several forms that need to be filed with the court when you are doing an uncontested divorce. Each one of them must be filled out correctly and in the right order for your divorce to go through and for a judge to sign the Final Decree of Dissolution of Marriage. Featured below are those documents and they are as follows:
Forms You Must File for Uncontested Divorce in Albuquerque
The forms you need to file for an uncontested divorce in Albuquerque are as follows:
- Domestic Relations Information Sheet (Form 4A-101)
- Petition for Dissolution of Marriage (Form 4A-102 or 4A-103)
- If you have children or if you don’t have children, you must also file:
- Summons (Form 4-206) (only if both spouses agree)
- Community Property & Debt Schedule
- Separate Property & Debt Schedule
- Marital Settlement Agreement (MSA)
- Parenting Plan / Custody Plan (Form 4A-302)
- Child Support Obligation & Order (Form 4A-303)
- Child Support Worksheet
- Request for Hearing (or Motion to Finalize)
- Final Decree of Dissolution of Marriage (Divorce becomes final when judge signs this decree)
Do I Need a Lawyer to File for an Uncontested Divorce?
When filing for an uncontested divorce in Albuquerque, both parties must agree to all terms. From how property will be divided, to whoever gets custody of the children, you and your spouse must agree to everything. It is possible to file for and finish an uncontested divorce without an attorney. However, there are a lot of details that you may not know about. You should consider hiring an attorney to help you with your uncontested divorce.
Just because you and your spouse are trying to reach an agreement doesn’t mean you shouldn’t have a lawyer. Your attorney can help you understand how New Mexico divorce laws apply to you. When you know your legal rights in a divorce, you can effectively negotiate towards a fair agreement. Just because you want an uncontested divorce doesn’t mean you have to settle for a bad deal. You and your attorney can negotiate with your spouse to try to reach a fair, mutually agreed upon solution. If you’re unable to reach an agreement, you always have the option of litigating your matter. Either way, an attorney can help you understand your rights and options.
How Long Does It Take to Get an Uncontested Divorce in Albuquerque?
An uncontested divorce in Albuquerque can be quicker than a traditional divorce. In Albuquerque there is no waiting period to get divorced. Filing for divorce does come with some requirements. In order to file for divorce in Albuquerque you must have lived in NM for at least six months. However, once you are eligible to file for divorce there is no waiting period. Once you get your court papers in order and file with the court, the court can approve your divorce as soon as everything is complete. In New Mexico there is a mandatory 30-day waiting period from the date the divorce petition is filed before the judge can finalize the divorce. So technically, you’ll have to wait at least 30 days. But other than that, and meeting the filing requirements, you can get divorced as soon as you’re ready.
What if My Spouse Is Unresponsive? Can I File for an Uncontested Divorce?
If the other spouse in your divorce won’t agree to your terms, you can still file for divorce. The other party can file what are called responsive pleadings, but they aren’t required to file a response. When your spouse in a divorce doesn’t file a response, it is called default. You can file for divorce by default, and since the other spouse isn’t responding, you typically get everything you want granted by the court. A default divorce is different from an uncontested divorce.
Contact The Law Office of Anthony Griego for Help with Your Uncontested Divorce in Albuquerque
Thinking about filing for an uncontested divorce in Albuquerque? Are you not sure if an uncontested divorce is right for you or your situation? Consult with our divorce lawyers at The Law Office of Anthony Griego. Meet with us to learn more about your options and what to expect during the divorce process. If you decide to file an uncontested divorce, we can represent you and your interests. We’ll help ensure you receive the best possible outcome according to New Mexico law. Contact our Albuquerque divorce attorneys today to learn more at 505-508-3110.
