Divorce is something that many of us have or will have to face in our lives. If you have made the decision to file for divorce, or if your spouse has served you with divorce papers, you probably have many serious questions about the legal process; What are my next steps? What are my rights and my options? How will a divorce affect my children?
While it may make sense for some to navigate the the divorce process on their own, in the vast majority of cases you’ll want an experienced attorney to help you through the complexities and act as your advocate during the divorce process in New Mexico.
Filing for Divorce in New Mexico
Residency Requirements
One of the spouses must have lived in the state of New Mexico for at least 6 months prior to filing
Petition for Dissolution of Marriage
The spouse seeking divorce (referred to as the “petitioner”) must file this document with the court. The other spouse (referred to as the “respondent”) must be served this document. This formally starts the divorce process in New Mexico. You do not need your spouse’s consent to file for divorce.
Answer/Response
The respondent has 30 days to submit their own document to the court (called an answer or a response). In this document the respondent can formally agree/disagree with the information in the petition.
Litigation and Negotiation
If the spouses disagree they must disclose information to the other party. Typically this is financial information to ensure that the division of assets is fair for both parties.
Marital Settlement Agreement
Both parties will review all the documents in order to try to reach a marital settlement agreement. It is the culmination of the divorce process and determines the result of the divorce. This can include assets, custody, alimony, and child support, for example. Both parties sign the agreement and it is filed with the court. If the parties cannot reach a Marital Settlement Agreement, they will go before a judge who will make all final decisions.
Dissolution of Marriage
The court will issue a final decree and the marriage will be officially dissolved.
In short, divorce can get complicated quickly. If you or your spouse has made the decision to file for a divorce, it’s in your best interest to contact an experienced family law attorney who understands the process of divorce in New Mexico.