Knowing what to expect at a court hearing for an uncontested divorce can help spouses prepare. In an uncontested divorce, the petitioner – the person who is filing the divorce paperwork – must appear at a court hearing.
The other spouse’s attendance is not required.
The judge and the lawyer for the petitioner can ask a couple of questions of the petitioner, but the process is fairly simple and occurs quickly. Unless there is a glaring point of contention in the marital settlement documents, the judge will sign the divorce order.
What Is an Uncontested Divorce?
In an uncontested divorce, both spouses agree on all of the key issues – including common areas of conflict like how to split or divide property and debts, who gets custody of children, parenting time, and even custody of family pets. Some divorces are completely uncontested from start to finish, and others are contested and become uncontested.
The easiest divorces are usually those without any minor children, property, or assets. Couples that share children or assets are more prone to disputes during the divorce process.
In some divorces, the spouses agree on the broad strokes and disagree only a little on one or two details. They need to hash out these differences with each other, or their attorneys or in mediation. Even a previously contested divorce can become an uncontested divorce.
Lawyers are not required for uncontested divorces but hiring one may be in a client’s best interest. If you do not first get an uncontested divorce lawyer, your chances of having to revisit a marital settlement agreement years down the road increase.
At the very least, spouses who decide to divorce should retain a lawyer to review the settlement agreement. This is especially important where there are minor children or where assets are involved.
An uncontested divorce is not a “free pass” from a judge. Judges are still supposed to read divorce agreements and sign them. Any piece a judge deems unconscionable or problematic must be rewritten, but this is rare.
Requirements to Get an Uncontested Divorce in New Mexico At least one party must have resided in the state for at least 180 days.
What to Expect at a Court Hearing for Uncontested Divorce
Typically, if you file for a divorce, the spouse who filed for divorce is required to show up for the court hearing in an uncontested divorce. It’s up to the other spouse to decide whether he or she wants to appear. If the other spouse does not attend, he or she must have signed everything of the marital settlement agreement beforehand.
The petitioner, or plaintiff or person filing for divorce, testifies as to the terms of the marital settlement and may answer a few questions from his or her attorney. The judge might pose questions, including:
State your name, address and phone number for the record. It is possible to file an uncontested divorce, even when you fear for your safety in some way. Perhaps your soon-to-be ex-spouse isn’t the person you fear, or the two of you reach agreements on every issue anyway. In those cases, you can inform the judge that you are providing a substitute address. A friend’s or relative’s address, or a post office box, is sufficient.
- How long have you been living in New Mexico? Unless the other party meets the minimum residency requirement, the divorce will not move forward until at least 180 days have passed.
- Who is the defendant? The other spouse is the defendant, so use his or her name. You will also be asked likely by the judge to provide your spouse’s telephone number, and address as well.
- Are you in court today in order to get divorced?
- Does any entitlement today require a judicial determination to assert a right to someone’s personal or real property?
- Do you have any children? Then expect questions about the children’s ages, where they live now, and if there are custody agreements.
The judge can also ask how much both spouses make annually and how much the children cost each year.
What to Do to Get Ready for a Court Hearing for Uncontested Divorce?
For an uncontested divorce, you will get a notice in the mail from the court that has the date, time, and the room number for your court hearing. You have to be there if you are getting divorced. If you didn’t file the petition, showing up is optional, as long as the paperwork is signed.
If you’re the petitioner, you’ll have to put together documents including your original marriage certificate (or a certified copy) and your children’s birth certificates. Show up early. By walking you through the process, An Uncontested divorce lawyer can help you prepare for your hearing making it less stressful.
Pros and Cons of Uncontested Divorce
One of the most cost-effective ways of getting a divorce is through the Uncontested Divorce process. If you own nothing together and have no kids, you can get divorced and pay court fees only.
Even with attorneys combing through the paperwork for as agreement, costs are little to next to nothing, as lawyers aren’t tangled up in court battles, at the negotiating table or chit-chatting with the other party.
An uncontested divorce can also let both spouses heal faster. Divorce is generally hard psychologically and emotionally (sometimes financially, as well) even if it’s reported to the court as uncontested.
But contested divorces can create massive fractures and divides that are harder to recover from. The blows to an individual’s self-esteem, confidence and relationships can be more painful.
A divorce by the parties may take two to three weeks to get done. If one or both parties want to amend the paperwork or think the agreement longer, it might take a little longer. Either way, contested divorces can drag on for months, if not years.
A potential downside of uncontested divorce is that one partner could wind up at an unfair disadvantage. Spouses end up in unfair places for all kinds of reasons, among them guilt, grief, surprise and confusion. The problem persists without lawyers vetting settlement agreements. Fortunately, it can be done, getting lawyers involved in uncontested divorces and keeping the costs reasonable.
A second disadvantage is that, if domestic violence or power imbalances are present, uncontested divorce may not be a suitable option. The parties may attempt an uncontested divorce because it sounds easier, but this is not the solution for all situations.
No matter how hard the parties try, complex properties and finances may make an uncontested divorce impossible. These are just some of the many issues to consider and address. It can be easy to miss certain elements, or not fully grasp how some small part of the agreement made today is likely to work against you decades later.
What Are Key Matters an Uncontested Divorce Resolves?
Like a contested divorce, an uncontested divorce deals with the division of property, child custody, parenting time, and other applicable issues.
The main difference is that here the parties discuss the matters or negotiate to reach an agreement. And at a court hearing for an uncontested divorce, a lawyer or judge will likely confirm with the petitioner that both sides agree on these matters.
Custody, visitation, and parenting time
Here in New Mexico, the parties may agree to any child custody or visitation arrangement they desire. That is true even if, say, one parent grants nearly all of custody and time to the other. Physical and legal agreements on custody can be made by both parents in New Mexico.
Sole legal custody is when one parent has the majority of the decision-making power. Joint legal custody means both parents have power. In an uncontested divorce, the parents can reach any reasonable agreement, and a judge will approve it.
Custody generally refers to parenting plans and visitation times. Parents will also need regular, weekly, holiday, and special occasion schedules. Transportation, schools attended and extracurriculars are other considerations.
Child Support
Uncontested divorces allow parents to have more leeway in going outside of the statutory child support guidelines. It is not unreasonable for parents to raise or lower the amount that would otherwise be suggested.
Spousal Support
Spousal support, also known as spousal maintenance, can be any amount the parties agree to that is reasonable. This supersedes the term “alimony,” as courts once used it.
Property division – assets, debts
In an uncontested divorce, the parties have the opportunity to negotiate fair divisions of assets, debt, and property. They can do whatever now works for them in their New Mexico marital settlement agreements.
In a contested divorce, a judge would determine an appropriate division of property and debts. This consideration makes sense of both parties’ income earned during the marriage, potential income capacity, how long the marriage lasted, the parties’ ages, education level and health, among other things.
Under New Mexico divorce laws, marital property is property that has been earned or acquired during the marriage. Property that spouses had before the marriage usually aren’t automatically included in marital property but can become so, either if both spouses used or contributed to it during the marriage.
In an uncontested divorce, the parties have the freedom to determine what they want to do with inheritance, property collected prior to and during the marriage, joint bank accounts, and much more, as long as it’s reasonable.
