If a couple has decided to get divorced, there are bound to be questions about the legal process. A reliable family law attorney would be able to answer questions and guide you through the process.
Steps in the divorce process:
New Mexico is yet another US state which offers “no-fault” divorce. Any one party wishing to get a divorce can file for one and get it on the basis of “irreconcilable differences.” To win this legal battle, it’s best to work with an experienced family law lawyer.
There are a few basic issues on which decisions are made:
- Child support
- Custody and visitation rights
- Dividing assets and liabilities (real estate, debts etc.)
The process is much less complicated when there are no children.
Here are the other things you must understand:
- Residency: New Mexico has a 60-day residency requirement for at least one of the spouses. Upon completion of this period, the petitioner can file for “dissolution of marriage” with or without children.
- Filing the paperwork: Forms can be obtained online or from an attorney. Once completed, these have to be filed in the judicial district court in the county of residence.
- Serving: During the course of filing, having extra copies will help. The court clerk stamps the forms and one of the copies can be handed over to one’s spouse. This completes the service process as the petition is handed over, with court approval. Using the postal service or another service is a good idea, along with a return receipt.
- Response: The respondent has to make an appearance within 30 days of receiving the notice.
- Financial disclosure: By law, both spouses have to exchange financial information within 45 days of filing the petition. The information would include individual and joint assets and debts a well as income and expenses required to live at a particular standard.
It is possible for both the parties to file for an uncontested divorce. Family law attorneys can also help in getting a divorce and ensure that both parties’ rights are protected.