New Mexico Divorce Questions

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When the differences in the life of a married couple become irreconcilable, they may think about ending it legally by opting for divorce. When one thinks about filing a divorce or while once is going through the legal proceeding there would be several questions that one would need answers to. Here we have mentioned a list of important New Mexico divorce questions and their appropriate answers that you need to know if you intent to file a divorce. The divorcing partner would have several questions streaming up their mind like the legal terms used to refer divorcing parties, the documents used to initiate and terminate the divorce, in this state residency requirement is compulsory, where exactly to file a divorce, are there any rules regarding hiring of lawyer for legal separation, what issues does one need to deal with during the divorce process etc.

Divorce questions for New Mexico are as follows:

Q. What are the legal terms used for the divorcing parties?

A. The divorcing partner who files the divorce papers and initiates the divorce case is named as the Petitioner. The spouse of the Petitioner is called as the Respondent.

Q. What are the names of the documents that initiate and terminate the divorce process?

A. The Petition for Dissolution of Marriage is used to initiate the divorce process. The document that is used to grant and terminate the divorce procedure is called as the Decree of Dissolution of Marriage.

Q. What are the residency requirements of this state?

A. Minimum 1 divorcing partner must be residing in this state for minimum 6 months immediately before the filing date of the Petition. Moreover this divorcing partner must have a domicile in this state.

Q. Where should one file a divorce case?

A. The District Court is the correct venue for filing a divorce case. The jurisdiction wherein the Respondent resides is chosen for filing the case.

Q. What are the rules regarding hiring a divorce lawyers?

A. There is no law which makes it compulsory to hire a divorce lawyer for a divorce case in this state. It has been observed that in several cases, the individuals represent themselves. However, it is recommended to take the services of a divorce lawyer as this lawyer can represent the individual in a better manner. There is a law as per which both the divorcing partners cannot hire the same divorce attorney.

Q. List the prominent issues that have to be dealt in a divorce?

A.

• Debt Characterization
• Spousal Support
• Child Support
• Property Division

Q. Consider a situation in which the Petitioner desires a divorce, but the Respondent does not desire to give a divorce. What will happen?

A. New Mexico is a no fault state. So using the ground named "incompatibility" it is possible to get a divorce in the above mentioned situation.

Q. Which grounds of divorce are recognized in this state?

A. Incompatibility due to conflict of personalities or discord due to which the marital relation is disturbed to such an extent that there is no reasonable expectation of reconciliation

• Abandonment
• Adultery
• Cruel and inhuman treatment

Q. What factors does the court consider while deciding the child custody issues?

A.

• The physical and mental health of all those involved in the child
• The adjustment of the child in the community, school and home
• The interrelation and interaction of the child(ren) with any person who considerably affect the best interests of the child(ren) like parents, siblings etc
• The desires of the child as well as the parents regarding the custody plan

Q. Mention some points that are considered by the court while determining alimony?

A.

• The span of marital life
• The reasonable requirements of the divorcing partners
• The age, health and means of support of the divorcing partners
• Any marital agreements made by the divorcing couple

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