subject: Divorces In New Mexico [print this page] Before filing for a divorce in the US, you should be aware that each state handles divorce differently. Aside from residency requirements, the laws that govern division of assets, alimony, child support, visitation rights, waiting periods and types of divorce that can be filed vary from state to state. For example, an agreed or uncontested New Mexico divorce can be finalized as quickly as one day after filing.
You cannot start divorce proceedings if you do not fulfill the residency requirement of the state where you plan to file the divorce. If this is the case, you can either wait until you qualify or file the divorce in another state. For example, in New Mexico, you and your soon-to-be ex spouse should be currently living or have lived in the state for at least six months and have a place of residence there.
To simplify, getting a New Mexico divorce involves three steps. First, you must fill out and file the divorce papers. Aside from the general forms, you may be asked to accomplish additional forms or submit supplementary information, depending on the type of divorce you are filing and if minor children and large assets are part of the equation.
The second step involves notifying your spouse that you have filed for divorce and giving him/her the divorce papers to sign. Aside from doing this in person, you have the option of doing this via mail or through the Deputy Sheriff/Process Server. Depending on how the divorce papers are served, the waiting period for your spouse to return the signed papers can be 23 to 33 days.
If you and your spouse have signed all the necessary legal documents, it is very possible that you can skip the third step, which is to attend your divorce hearing. You can also win the divorce by default due to inaction on your spouse's part or unavailability (e.g. spouse cannot be found). For this, you must accomplish and file the necessary paperwork proving that this is the case.
It is always a good thing to contact a lawyer, an Albuquerque divorce lawyer if you live in that area, to help you get your divorce, especially if you can afford it. He or she will be able to give you legal advice, as well as handle any related paperwork. This is the best course of action if the divorce is contested or particularly complicated.
Divorce can be stressful. Even more so if you don't take the time to prepare yourself by doing a personal evaluation of your case and knowing exactly what the emotional and financial stakes are.
There is plenty of information on the Internet regarding divorce laws and procedures. There are also tips on coping with the stress that this process brings, so that in the end, you can move on to a healthy post-divorce life.
