Divorce can be really tough on the emotional and mental side of things, but when both parties agree to it, everything goes a lot smoothly and quickly!
If you and your spouse are agreeable and ready to take the required legal steps, an uncontested divorce can be filed in New Mexico. You will walk predictably along the path with this step-by-step method to guide you through the process of getting uncontested divorce and know what not do to reduce the waiting time.
What is an Uncontested Divorce in New Mexico?
Uncontested Divorces in New Mexico A divorce is uncontested when the parties are able to come to an agreement regarding all significant issues, which normally include;
- Property and debt division
- Custody of any children, and visitation (if you have children with the other party)
- Financial support for children and the spouse (if any)
When no issues are contested and go to court, it allows divorce to be a less time-consuming, cheaper process with far fewer headaches.
Who Qualifies for a Fast Uncontested Divorce in New Mexico?
To get a divorce in New Mexico, you will need to satisfy these requirements:
Residency Requirement: One of the spouses must have been a resident of New Mexico for not less than 6 months prior to filing.
Uncontested: Both parties have to agree on everything, such as splitting up assets and which parent will have custody of their children.
No Outstanding Disputes: There shouldn’t be any lawsuits or disputes that need to be mediated or settled at court.
What Are the Paperwork and Phases Of An Uncontested Divorce In New Mexico
Phases 1 – Make up the papers for divorce
The initial stage is the completion of necessary legal documents. The main documents include:
- Petition for Dissolution of Marriage – This is what actually initiates your divorce.
- Marital Settlement Agreement – The written division of property, debt and spousal support.
- Parenting Plan (if there are children) – Specifies custody, visitation and child support arrangements.
To avoid any delays, your New Mexico divorce lawyer can help you complete these forms properly.
Phase 2 – File the Divorce Petition
After the paperwork is all done, one spouse (usually the do-it-yourself divorce plaintiff) must deliver the filing documents (the Minnesota Summons and Petition) to the county in which s/he or his/her spouse, if any, currently resides. The court will assign a case number and tell you what to do next.
Phase 3 – Serve Your Spouse
It’s most often the case that Petitioner and Respondent coordinate service of process smoothly and amicably.
It is possible for a respondent to waive personal service, should he or she agree to sign a waiver of service. Service may be informally coordinated cont. parties so service is as efficient and there are no unnecessary delays).
Phase 4 – Submit a Signed Settlement Agreement
To be eligible for an uncontested divorce, each spouse must provide a signed Marital Settlement Agreement (and Parenting Plan if there are children). A New Mexico court will review these in order to accomplish the goals of fair treatment and compliance with the laws of New Mexico.
Phase 5 – Court’s Final Examination and Approval
The cyber decree provision does not necessarily mean that New Mexico courts will insist on a court hearing for uncontested divorce. In some cases, a judge will examine the paperwork and sign the final divorce decree without a hearing because everything is in order. Assuming there is a formal hearing, it typically takes only a few minutes and will be limited primarily to the question of whether both spouses were genuinely in agreement.
Phase 6 – Receive Your Final Divorce Decree
The court will enter a Final Decree of Dissolution of Marriage once the judge signs off on the settlement. This is the paper that seals the deal that makes it official in the eyes of the law.
How to Avoid Delays in an Uncontested Divorce
Uncontested divorce in New Mexico An uncontested divorce can be completed between 30 and 60 days assuming your paperwork is timely filed and the court has a relatively fast schedule.
Here are some tips to help with an uncontested divorce that goes faster without some common holdups:
- Discussion with your Spouse: if you have open communication, last-minute fights will never be the case.
- New Mexico Divorce Lawyer: Lawyers will be able to make your life easier and can help from making mistakes.
- Check the Paperwork: Incomplete forms or errors could delay you.
- Deadlines for Signing: Oftentimes, one spouse doesn’t sign the papers when they are supposed to be signed.
Being organized and taking a proactive approach will help expedite your fast uncontested divorce so you can wrap it up and get on with your life that much sooner.
Working With a New Mexico Divorce Attorney
At The Law Office of Anthony Griego LLC, we help individuals to get uncontested divorces easily avoiding high level distress.
At our office our expert Albuquerque divorce and family law lawyer will provide you with knowledgeable legal counsel to help bring your case to a close as quickly as possible.
If you are eager to move on with your life, there’s no reason to wait for an uncontested divorce. Call us today at 505-508-3110 to set up a consultation so that we can walk you through it.
