New Mexico Divorce Procedures

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Every legal matter is different from the other. It may be a land issue, business problem or divorce. Every matter is marked by its own degree of complexity. Issues of marriage and divorce are a bit complex because of the emotional factor involved in them. Generally couples face strong dilemmas and are unable to decide whether they should pursue a divorce or not. Even when they make the decision, they tend to take wrong steps as regards their future. That is why it is important to understand the divorce basics of your state. For example, if you are in New Mexico, you must read and remember the New Mexico divorce procedures that will provide an insight of the courtroom sessions and trials.

A gist of all the significant divorce procedures that are prevalent in New Mexico is presented below:

General information on divorce procedures

When you are preparing for your trials, you must make all your papers ready. The filing partner should make two photo copies of each original document. All these 3 copies must be submitted to the court clerk, who officially stamps all these documents. Two copies are returned by the court clerk to the filing partner. It is intended that one copy must be saved in the file of the filing partner and the other must be served to the other divorcing partner.

First Phase of New Mexico Divorce Procedure

The Petitioner files a Petition for Dissolution of Marriage in the local district court. Then this Petition must be served to the Respondent. A lawyer can educate on the number of ways of serving the documents.

Second Phase of New Mexico Divorce Procedure

The issues like debt, property distribution, alimony, child-support, and child custody are taken up for discussion and some decisions need to be made. For this to happen, the following options are open:

  • The divorcing partners should be accompanied by related people and all of these should attempt to determine what can be done about the situation
  • The divorcing partners should remain present at mediation, and with the assistance of a mediator must try to figure out some solution
  • Each divorcing partner must take the services of a lawyer whose role is to discuss with the partners the various routes out of the situation
  • The divorcing partners should opt for an extensive court procedure with or without the assistance of an attorney. The Judge would finalize what is to be done regarding these issues.

If the divorcing partners reach an agreement regarding all the issues in conflict, they must draft a written agreement and submit it to the local District Court for the approval of the Judge. For this, there are 2 options:

  • It is possible to download the forms to document the agreement from a website
  • A divorce packet can be obtained from the court clerk. It is noticed that most of the court levy a fee for procuring these packets.

After the relevant documents are completed and submitted in the court, the divorcing partner would be charged a filing fee. Sometimes it happens that at a later date, the divorcing partners think of altering child support or child custody or any other issue and in this scenario, the court charges them with another filing fee.

After the relevant documents are submitted, the Judge schedules a hearing at which some questions might be asked by the Judge. If the Judge notices that the agreement is legally adequate and comprehensive and up to the mark to satisfy the Judge, an approval is made.

If the divorcing partners do not reach an agreement regarding all the issues in conflict, they have to undergo the court procedure. In some courts in this state, a special master or a hearing officer assists in overcoming the areas of disagreement. This master or officer is a judicial officer and his work is to collect information from both divorcing parties and develop a recommendation or report and submit it to the Judge.

Further, every divorcing partner has the right to make a comment on the recommendation or report. The Judge reviews this recommendation or report, and issues a final order.

A divorce is a serious matter which can change your life in many ways. Take every step to know your case so that the divorce decisions prove to be a blessing for your future. Educate yourself with the New Mexico divorce procedures which will help you anticipate what is going to happen in the court and prepare yourself accordingly.

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