New Mexico Uncontested Divorce
More often than not uncontested divorce is far better, in many ways, than a bitter struggle between two parents. In cases where there are children involved, it is a much more simple and civil way to end a relationship between two people. In New Mexico, there is a no-fault divorce option available for couples that simply are no longer compatible with one another. Like many other states, an uncontested divorce may be humane, but is still subject to many days of waiting. In some cases proceedings can take over 30 days even when both parties agree!
Getting Your Uncontested Divorce in Order
There are many things that you need to do in order to satisfy the legal requirements for uncontested or cooperative divorce proceedings to continue properly. Many uncontested divorce forms are required to be filled out and filed by both spouses in order for the New Mexico court to take it into consideration; contact our office to speak with an Albuquerque uncontested divorce lawyer.
Despite the fact that do it yourself forms exists for these filings, you would be best served by consulting an uncontested divorce attorney to verify that you’re not committing a mistake that cannot be altered later. You should find a family law or domestic relations clerk that can help you with your proceedings. Uncontested divorce papers include a lot of legal jargon that may not be easy to understand. Making a mistake could cause legal problems and delay the court proceedings.
Once you have chosen a lawyer to help you draft your pleadings, then you can begin with your divorce proceedings. Be sure to choose your lawyer well the first time as you will not have a chance to change without adding expense and delay.
Uncontested Divorce Steps
As mentioned previously, the first step is to properly select a lawyer or law firm and then get the paperwork ready to be filed. After that is finished, you should prepare the forms with all relevant and accurate information and submit them to the clerk in the New Mexico district court in the county where you reside. After that you will have a “service of process” and then finally the court hearing.
The steps for an uncontested divorce will be different depending on whether you have children or not. In most cases this is the way the proceedings are carried out, but children can pose a significant change to any proceeding. In fact, disputes over children can sometimes revert an uncontested divorce back into a bitter struggle between parents.
Children and Divorces
Divorce is a tragic thing for children because they must grow up with parents in separate places. In many cases this is difficult for them to accept even if their parents are ending their relationship relatively amicably. In many families this can be a tragic event for the kids because they are unable to get their motherly love on a constant basis or they lack a father figure to give them direction in life.
Even if children are able to see both parents on a regular basis, there is no substitute for having them in the house at the same time. Studies have shown how important it is for families to get together and share stories and interact with one another. In most bitterly contested divorces this is simply not an option.
Different Uncontested Divorce Proceedings with Kids
When one parent makes more money than the other, divorce proceedings will be quite different. Even though the divorce is uncontested, it is unfair for one parent to have to bare the financial burden of having to deal with kids. Therefore, the uncontested divorce papers will be different in order to ascertain how much money each party makes and in what fashion an evenly distributed agreement could be met. Again, hiring an experienced family law attorney will best serve one going through a divorce, whether contested or not.
Theoretically at least, if you must go through divorce, the cooperative/uncontested route is far preferable. Not only is it less expensive and time-consuming, but usually it more civil and less destructive to the familial relations remaining, especially children.