Trusted Divorce Counsel in Las Cruces
If you are looking to obtain a divorce in the state of New Mexico, there are certain steps of the process which you will need to undertake. Although divorce is defined as the legal method used to separate two married people, the entire process is much more complicated. This is because everything you have ever owned with your spouse needs to be properly divided, including your assets and debts. If you have children together, then your case also becomes infinitely more complicated, since you will need to also consider what to do about child support and child custody.
If this process sounds exhausting or stressful to you, do not worry. Even though divorce is definitely complex, you can have our knowledgeable attorney in Las Cruces by your side. Trust Advanced Legal Resolutions, LLC to give you the real solutions you need.
Call us today at 575-647-8802 to find the detailed answers you need regarding all your questions about divorce.
Requirements for Divorce in New Mexico
While everyone would hope for a smooth divorce process, there are certain issues that separating couples have to deal with, such as division of property and debts, or child support and custody, which can potentially make the process more challenging. What will speed up the process, however, is making sure that you have all the correct requirements taken care of before you file.
Some of the law's requirements for filing for divorce within New Mexico include:
- Your spouse or you need to have been a resident of New Mexico for at least six months
- Your petition is required to be filed either in your own district county court, or in the district county court of your spouse
- You may not personally serve your divorce papers to your spouse. This must be done by someone over the age of 18 and does not have anything to gain from the outcome of the case. People often utilize the services of a local sheriff or a licensed process server.
- You and your spouse must disclose all finances no later than 45 days after the petitioner has filed for divorce. These finances include both assets & debts (both individual and joint), income, investments, and expenses.
- Under oath, you and your spouse must clearly declare that your relationship is no longer compatible
- You must pay a fee (except, in rare scenarios, you have been approved a free process by the judge)
- You must wait for the divorce to be finalized by the judge with their signature of the Final Decree of Dissolution of Marriage
Remember that a spouse still has 30 days to respond with their own beliefs about the divorce suit. If they don't respond in time, your petition is automatically granted, unless your spouse can provide a verifiable reason for delay, such as a medical emergency.
Grounds for Divorce in New Mexico
In the state of New Mexico, there are a total of four grounds for divorce. Of the four, the broadest category of “general incompatibility” is the most common, and also the only type of “no-fault” divorce. However, there are a few cases where someone can claim a “fault” divorce.
These three causes for “fault” divorce include:
- Cruel or inhumane treatment
If you believe that one of these categories applies to you, it is important to let your attorney know right away. Matters like custody, child support, alimony, and even property division can be altered in your favor if it can be proven that your spouse caused you suffering and pain throughout the marriage so that it ended in divorce, depending on the circumstance.
Is New Mexico a 50/50 Divorce State?
Community property law applies in New Mexico, which ensures that assets and properties obtained throughout a marriage are equally shared both by the spouses, despite who bought it or whose name is on the title. The majority of the time, community land is split 50/50 between the partners. When deciding the fair division of such properties, the judge can consider other factors.
While the divorce process can seem simple at first, it almost always ends up becoming more complicated as different circumstances come to light. You will need to find a skilled attorney in Las Cruces who is not only extremely familiar with New Mexico family law, but can fight your case with both empathy for your side and aggression against the opposing side.