Introduction
Going through a divorce can be an incredibly painful and stressful process. However, the great news is that getting a divorce in New Mexico can be both quick and easy, especially if you and your spouse are in agreement about all the key issues. In this comprehensive guide, we will provide you with detailed information on how to navigate the process and achieve a quick and painless divorce in New Mexico.
Eligibility Requirements
To ensure a smooth divorce process in New Mexico, it is crucial to meet the eligibility requirements. First and foremost, at least one of the spouses must have been a resident of New Mexico for a minimum of six months before filing for divorce. Additionally, the divorce must be filed in the county where either spouse currently resides.
Grounds
In New Mexico, divorces can be granted based on both fault and no-fault grounds. The most commonly utilized ground for divorce is incompatibility, which falls under the no-fault category. Incompatibility signifies that the marriage has irretrievably broken down, leaving little to no chance for reconciliation. For those seeking a fault-based divorce, grounds such as adultery, cruelty, and abandonment can be pursued, among others.
Divorce Procedure
There are two options to consider when filing for divorce in New Mexico: hiring a divorce attorney or pursuing a "do it yourself" divorce. By enlisting the services of a divorce attorney, you can entrust all the legal work to an experienced professional, while a "do it yourself" divorce involves filling out the necessary forms and submitting them to the court independently.
Forms
When initiating a divorce in New Mexico, it is essential to complete the required forms accurately. The following forms must be filled out:
- Petition for Dissolution of Marriage
- Summons
- Family Court Cover Sheet
- Certificate of Completion of the Parenting Education Course (if minor children are involved)
Division of Property
New Mexico operates under the community property principle, meaning that all assets and debts accumulated during the marriage are typically divided equally between the spouses. If reaching an agreement on the division of property proves challenging, the court will intervene and make a decision.
Child Custody and Support
In cases involving minor children, crafting a parenting plan that includes a custody and visitation schedule is essential. Furthermore, New Mexico courts require both parents to complete a parenting education course before the divorce is finalized. Determining child support payments in New Mexico is based on the incomes of both parents and the number of minor children involved.
Finalizing the Divorce
Once all necessary forms have been accurately completed and submitted to the court, the final step is to await the judge’s decision. Unless there are any objections, the judge will grant the divorce. The timeframe for the entire process can vary, taking anywhere from a few weeks to several months. However, if the divorce is uncontested and the parties agree on all the key issues, it can be finalized within a few weeks.
Conclusion
Obtaining a divorce in New Mexico can be a relatively quick and straightforward process, granted that both parties are in agreement regarding all the important matters. It is essential to ensure eligibility requirements are met and that all the necessary forms are completed accurately. For couples with minor children, completing the parenting education course is a mandatory step to comply with state law. Should any aspect of the divorce process seem unclear, do not hesitate to consult with a divorce attorney for guidance and support.