Is there really such a thing as an uncontested divorce New Mexico?
In New Mexico, an uncontested divorce means that both parties agree on each and every aspect that is necessary for the court to dissolve the marriage.
If there are no children involved, for the divorce to become final, the divorcing couple must file the following forms.
• Verified Petition for Dissolution of Marriage
• DR Information Sheet
• Marital Settlement Agreement
• Final Decree of Dissolution of Marriage
The Verified Petition for Dissolution of Marriage is filed to let the courts know that a divorce is being solicited. New Mexico is a no fault state, meaning either party may ask for a divorce without the need to prove abandonment, adultery or abuse. This petition must be signed by the party requesting the divorce before it is finalized by a notary.
The DR Information Sheet is a simple one page form that provides the courts with the parties’ information like names, addresses, social security numbers and birth dates.
The Marital Settlement Agreement divides the shared assets and debts that were accumulated by both parties over the course of the marriage. New Mexico is a community property state. Any assets and or debts that were obtained during the marriage are split equally. Each spouse is free to reach any agreement on how they wish for the shared debts and or assets to be dispersed. If the agreed upon division seems unjust or contrary to New Mexico a law, a judge can step in and refuse the agreement. The Marital Settlement Agreement must be signed by both parties before being notarized.
Lastly, the Final Decree of Dissolution of Marriage is a signed Court Order by a judge who grants the requested dissolution of marriage.
Every case must complete, submit and sign these four documents for the divorce to become finalized.
The courts require that each person asking for a dissolution of a marriage file a copy of the DR document, three copies of the petition, Marital Settlement Agreement and Final Decree. Filing fees for divorcing couples representing themselves are around $135.00.
After the forms are filed a judge will review all documents and forms to ensure everything is in order. Normally, it takes 5 to 10 business days for everything to be reviewed and the Final Decree to be signed. Once the judge has put pen to paper, the documents can be retrieved and filed with the clerk. Congratulations, you are now single.
If there are children involved, the above forms must be completed along with the Parenting Plan.
The Parenting Plans is a legal document that resolves custody issues, dealing with visitation, time-sharing and child support. This form must be signed by both parties before being notarized and three copies should be submitted to the clerk of courts.
If you would like to schedule a consultation to learn more, please contact PJ Hartman’s office by calling 505-247-3335 or toll free at 505-247-3335. The firm charges competitive attorneys’ fees and accepts credit cards. Offices are conveniently located right off of I-40 in downtown Albuquerque.