If divorce is on the horizon, you probably want the process to be as quick and painless as possible. No-fault divorces fall into this category, as they are usually free of disputes and disagreements about major issues surrounding the marriage.
We assist New Mexico couples in finding their way throughout the divorce process. We provide support for pro se divorces, which are those undertaken without legal representation.
The Difference Between Fault & No-Fault Divorces
Fault divorces involve certain behaviors that are so damaging to the marital union that one spouse feels the need to end the marriage. When grounds to terminate a marriage are cited, one spouse may be able to claim a greater portion of shared assets during the divorce. Laws stating that spouses must live separately for a certain period of time leading up to the divorce usually don’t apply when fault is cited.
On the other hand, no-fault divorces require no grounds for the marriage to be dissolved. These divorces are uncontested, which means both spouses agree with the filing and are on the same page when it comes to issues like asset division, child custody, and spousal support.
New Mexico Laws Governing the Divorce Process
No-fault divorces in this state refer to “incompatibility” between two married people. This is also known as “irreconcilable differences”, which means that spouses are unlikely to reconcile any time in the foreseeable future.
If you’re seeking a fault divorce, you must establish grounds for doing so. Grounds in New Mexico can occupy one of three categories. The spouse petitioning for the divorce can cite abandonment, adultery, or cruelty. Regardless of whether you’re filing fault or no-fault, there is a 30-day period between when divorce papers are served and when the divorce can be finalized.
We’ll Help You Take the Right Steps
If you’re filing for an uncontested no-fault divorce, we are here to help you on your journey. We provide a wide range of pro se divorce services, which can be tailored to couples with and without children. We’ll help you locate the proper forms, which are then filed in your local district court.
You Don’t Have to Go It Alone
Some situations warrant more comprehensive legal guidance. Fortunately, we offer consultations with experienced New Mexico attorneys, who can help you take the proper steps when filling out and filing documents. If your case is complex and requires representation, we can also help you find the right divorce attorney.