The process of divorce is emotionally taxing and financially burdensome. Not every divorce can be a drawn-out court battle over who will get the family heirlooms.
An uncontested divorce is a quick, simple, and inexpensive method for couples who can agree on the terms of their separation. If you are considering this option in NM, it’s essential to understand what an uncontested divorce means and decide whether it is the best choice for your situation.
What Is an Uncontested Divorce?
A contested divorce is when both spouses cannot agree on one or more issues relating to their separation, including property division, child custody/access, child support, spousal support (alimony), and anything else.
This means that there are no disputes that require a court ruling. Instead, the pair may proceed with an agreed-upon divorce that they have negotiated and signed independently.
Advantages of an Uncontested Divorce
- Lower Costs: An uncontested divorce is typically more cost-effective, requiring less court time and fewer attorneys involved. This way, both couples save a lot of money on legal fees, court costs, and other expenses you may incur during years-long litigation.
- Quicker Resolution: When the divorce is uncontested, there are no long court fights and repeated hearings, which leads to a faster conclusion. This allows both parties to move on with their lives faster.
- Less Stress and Tension: An uncontested divorce lets you cooperate with your partner to create a win-win deal. This can lessen tension, stress, and conflict, making it the least emotionally stressful process for everyone involved (including children).
- Privacy: Court divorce proceedings are usually a matter of public record. Couples who choose to settle everything outside of court via an uncontested divorce can continue to keep such matters out of the public eye.
- More Control: Reach the best terms for your situation in an uncontested divorce. That sense of control is rarely present in a contested divorce, where the judge makes all the critical decisions.
What are the Requirements for a New Mexico Uncontested Divorce?
New Mexico allows uncontested divorce only if both parties can agree on all significant matters involved with their divorce.
Also, at least one party must meet the residency requirement by residing in New Mexico for at least six months before filing.
When you and your spouse qualify in this way and are agreeable to cooperating as stated — you could qualify for an uncontested divorce.
Should you get an uncontested divorce?
Uncontested divorce is also not for everyone, and while it provides benefits, each marriage undergoes a different set of challenges.
Ask yourself if it is the right choice and consider these factors.
- Willingness to Collaborate: Both partners need to collaborate to reach compromises. An uncontested divorce is unlikely where there is deep animosity, mistrust, or a refusal to negotiate.
- Complicated Assets: If you have multiple assets like businesses, investments, or retirement accounts, you will likely require legal assistance to ensure fair property distribution. At times, these complexities can make the uncontested divorce process harder.
- Child Custody Disputes: If the couple has children, they need to agree on child custody, visitation, and support issues. While you can reach a consensus on these important topics, a contested divorce may be unavoidable.
- Physical violence or abuse: An uncontested divorce may be dangerous if there is physical violence involved, as it places one of the parties at a disadvantage. What comes first, however, is the safety and sanity of everyone involved.
Final Thoughts
In New Mexico, an uncontested divorce is the easiest and least contentious way for a couple to end their marriage if they can agree on how best to resolve the issues surrounding their separation. It provides a quicker, more affordable, and confidential means of dissolving a marriage.
On the other hand, if there is serious discord, it will only be ideal for some. Uncontested divorce is a relatively simple, straightforward procedure. Still, it would help if you spoke with an experienced family law attorney to weigh your choices and ensure your rights and interests are secured.
Contact The Law Office of Anthony Griego to learn more about uncontested divorce or to schedule a consultation.
Disclaimer:
The content provided on this blog is for general informational purposes only and is not intended to constitute legal advice. Laws and regulations are complex, frequently subject to change, and may vary depending on jurisdiction. As such, readers should not act upon or rely on any information presented on this blog without first consulting with a qualified and licensed attorney who can address and tailor guidance to your unique legal circumstances.
