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What You Should Know About Divorce in New Mexico
- The divorce process begins with one spouse filing a Petition for Dissolution of Marriage with the district court in the county where either spouse resides. The petition should include information about the marriage, the grounds for divorce, and any requests for child custody, spousal support, and property division.
- The filing spouse must provide a copy of the petition to the other spouse, either through a process server or certified mail. The other spouse then has 30 days to respond to the petition.
- The responding spouse can either file a Response to the petition or do nothing. If they do nothing, the court may proceed with the divorce based on the filing spouse’s petition.
- If the spouses cannot agree on how to handle important issues during the divorce process, such as child custody, spousal support, or property division, the court may issue temporary orders to resolve these issues until the final divorce decree is issued.
- The spouses exchange information about their finances, property, and other relevant issues through a process called discovery. This can involve requests for documents and other evidence, as well as depositions.
- If the spouses are able to reach an agreement on all issues, the divorce can be finalized through a settlement agreement. If they cannot agree, the case will go to trial, and a judge will make decisions on any disputed issues.
- If the divorce is granted, the court will issue a final decree of divorce. This decree will include details about child custody, spousal support, property division, and any other issues that were resolved during the divorce process.
The differences between a contested and collaborative divorce
Contested
vs.
Collaborative
A traditional divorce where the parties are unable to reach an agreement on one or more issues, and the court must make decisions for them.
A process where both parties work together with their attorneys and other professionals to reach a settlement agreement outside of court.
The case is typically handled through litigation. The parties may need to attend multiple court hearings. The court will ultimately make decisions on any disputed issues, such as child custody, spousal support, and property division.
The parties work together to reach a settlement agreement without going to court.
The parties may be adversarial and focused on winning the case. Each party may hire its own attorney and may take positions that are opposed to the other party.
The parties work together as a team to reach a mutually acceptable settlement. Both parties and their attorneys sign an agreement to resolve issues collaboratively and in good faith.
The parties may hire experts, such as accountants or a Guardian ad Litem, to provide testimony in court.
Both parties may hire a team of professionals, such as a mediator, financial specialist, and communication coach, to help them reach an agreement outside of court.
Can be lengthy and expensive, as the parties may need to attend multiple court hearings and hire experts to testify.
Can be less time-consuming and less expensive, as the parties work together to reach a settlement agreement outside of court.
In a Contested Divorce:
- A process where both parties work together with their attorneys and other professionals to reach a settlement agreement outside of court.
- The case is typically handled through litigation. The parties may need to attend multiple court hearings. The court will ultimately make decisions on any disputed issues, such as child custody, spousal support, and property division.
- The parties may be adversarial and focused on winning the case. Each party may hire their own attorney and may take positions that are opposed to the other party.
- The parties may hire experts, such as accountants or a Guardian ad Litem, to provide testimony in court.
- Can be lengthy and expensive, as the parties may need to attend multiple court hearings and hire experts to testify.
In a Collaborative Divorce:
- It is a traditional divorce where the parties are unable to reach an agreement on one or more issues, and the court must make decisions for them.
- The parties work together to reach a settlement agreement without going to court.
- The parties work together as a team to reach a mutually acceptable settlement. Both parties and their attorneys sign an agreement to resolve issues collaboratively and in good faith.
- Both parties may hire a team of professionals, such as a mediator, financial specialist, and communication coach, to help them reach an agreement outside of court.
- Can be less time-consuming and less expensive, as the parties work together to reach a settlement agreement outside of court.
Which type of divorce is right for you?
In New Mexico, collaborative divorce is a relatively new form of dispute resolution that has gained popularity in recent years. It is a process that allows couples to work together with their attorneys and other professionals, to come to an agreement outside of court.
Some of the benefits of collaborative divorce are that it can be less stressful and costly than traditional litigation. It also allows couples more control over the outcome of their divorce and can be particularly useful for those who have children and want to maintain a positive relationship post-divorce.
A best-case scenario for collaborative divorce in New Mexico is when both parties are committed to working together to reach a mutually agreeable settlement. The process is respectful and cooperative, and both parties are open to compromise and finding creative solutions that meet everyone’s needs.
In this scenario, the couple may meet with a team of professionals, including a financial planner, a mental health professional, and a child specialist. These professionals work together to help the couple address any financial or emotional concerns they may have and ensure that the best interests of any children involved are taken into account.
The couple and their attorneys may hold several meetings to discuss the issues involved in the divorce, such as property division, spousal support, child custody, and child support. They work together to find common ground and develop solutions that work for everyone.
Once the couple has reached an agreement, their attorneys can help them prepare and file the necessary paperwork with the court. In some cases, a judge may need to review and approve the agreement, but in a collaborative divorce, this is typically a formality.
In the end, the couple is able to finalize their divorce amicably and with minimal stress and expense. They are able to move on with their lives knowing that they have found a solution that works for everyone involved.
A collaborative divorce may not be possible due to a variety of reasons. Some of which include:
- If one or both parties are not fully committed to the collaborative process, they may not be willing to compromise or work cooperatively to reach an agreement.
- If one party has more power or control over the other, it can be difficult to find a mutually beneficial solution.
- If the issues involved in the divorce are particularly complex or contentious, it may be difficult to find a compromise that works for everyone.
- If there is a history of physical or emotional abuse, the parties will not feel safe enough to have open and honest communication to come to an amicable resolution.
- If one party fails to disclose all relevant information or assets, it can undermine the trust necessary for a successful collaborative process.
- If one or both parties struggle with emotional issues such as anger, resentment, or grief, collaboration may not be productive.
Regardless if you do a collaborative or a contested divorce, you should contact an attorney to discuss the best possible solution for your case.
When you schedule a No-Cost, No-Obligation Consultation with Frazier and Ramirez Law, you can expect:
- A Thorough Examination of Your Case.
- Help Identifying Your Goals and Setting Reasonable Expectations.
- Gain an Understanding of the Process, an Estimate of Time and Costs, and a Plan of Action.
Call us today at 505-830-6563 or fill out the form at the top of the page to get the help your case needs to get the outcome you deserve.
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