New Mexico Divorce Steps

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A divorce is a legal way of ending an unwanted relationship. The divorce procedure is carried out on the basis of family law sections that specify divorce related provisions. Every state has some specific statues regarding the valid grounds and requirements of divorce. Also, the residency requirements in states differ according to the conditions provided in the state law. Residency requirements in New Mexico is of six months that is a person should be a resident of the state for minimum six months before he or she applies for a divorce.

The divorce case can be filed in the county court where either of party resides. The grounds on which a permanent separation is granted are adultery, cruelty, violence and major differences. Following is the information that can provide overall view of divorce steps in New Mexico in brief.

Gist of New Mexico Divorce Steps

The divorce steps in the state can be broadly categorized into three parts.

First Step

• The Plaintiff has to file a case for divorce that is also known as divorce petition
• The venue of filing the Petition is the local district court
• The Petitioner must serve the Petition to the Respondent. There are number of alternatives available for serving the documents

Second Step

• The divorcing couple must reach some decisions regarding the following topics:
  • Division of property and debt
  • Alimony
  • Child Support
  • Child Custody

• In order to execute the previous point, the divorcing couple has the following options:
  • The divorcing couple can discuss the issues with a third person and attempt to arrive at a resolution
  • The divorcing couple can talk with a mediator to schedule a mediation session during which they can try to figure out some solution
  • Each divorcing partner may hire the services of a lawyer. The partners and their lawyers may gather together and crack a consensus. It is known as collaborative divorce also
  • The divorcing partners, either on their own or with the services of a lawyer should experience the lengthy court procedure. During this process, they can leave it up to the Judge to reach a decision.

Third Step

• Consider that the divorcing couple has reached an agreement on all the topics of their case
• Then, they must draft a written agreement and submit it to the local district court with the intention of procuring the approval of the Judge
• The divorcing partners must procure a divorce packet from the court clerk or a relevant website
• The forms in this divorce packet must be appended to the agreement
• When this divorce packet is filed in the court, the court levies a filing fee
• Most of the judges schedule a divorce hearing according to the convenient timings of the court and applicants
• During the divorce hearing, the judge reviews and endorses the agreement and if felt necessary, asks some questions to the divorcing partners
• If the judge forms an opinion that the judgment is comprehensive and lawfully sufficient and satisfactory, the judge might approve it.

New Mexico Divorce Steps in case of disagreement between the partners

• Assume that the divorcing partners disagree with one another on some divorce issues and they opt to undergo the court process
• The court appoints a special master or hearing officer to assist the divorcing partners to overcome their quarrel
• This master or officer is a judicial officer. He or she collects information from both divorcing partners. Then, he or she forwards a recommendation or report to the judge
• The divorcing partners possess the right to comment on this recommendation or report
• The judge reviews this recommendation or report and accordingly grants the final order

Divorce Steps regarding documents

• The Petitioner must have the original documents and minimum two copies of each
• The Petitioner must put forward all the three copies to the court clerk
• The court clerk officially stamps all the three documents
• The court clerk retains the original copy and returns two stamped copies to the Petitioner
• The Petitioner must retain one stamped copy for his / her personal file and direct the other copy to his / her spouse
• The Petitioner may ask the court to make the additional two copies. However, the court charges him / her for this service

So, it can be said that a way to dissolute a marriage depends on the nature of the case and level of mutual co-operation. The couples may choose to have a mutual separation if they are on better terms with each other. Otherwise, contested divorce is the only option that remains with a couple. In any case, basic procedure of filing a divorce has to be followed by every applicant.

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