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Divorce in New Mexico: Uncontested Divorce Requirements

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Requirements for Uncontested Divorce in New MexicoIn New Mexico, an uncontested divorce is only possible in the event that both parties agree to end their marriage and settle their divorce issues such as alimony, property division, child custody and support amicably. It is typically more economical and quicker than contested divorce since the couple doesn’t have issues to work out.

What are the Requirements for an Uncontested Divorce in New Mexico?

To file an uncontested divorce, you and your spouse should unquestionably agree on these common divorce issues:

  • That both you and your spouse want to dissolve your marriage because you’re incompatible and simply can’t function as a married couple anymore, and it is highly impossible that you can resolve your issues
  • The appropriation of all marital debt and assets
  • The amount of alimony or spousal maintenance to be paid (if applicable)
  • In the event that you have kids together and the kids are below 18 years old, you both should have a parenting plan that specifies who will take on the physical and legal custody as well plans for financial support and visitation schedules

In addition, either one of you should be living or have lived in the state for six months minimum immediately prior to filing for uncontested divorce. One of you should likewise be a lawful permanent resident in the state (domicile), meaning that you’ve resided in the state and plan to reside there in the future. If kids are in the equation, they should also be living in the state or have lived in the state for a minimum of six months.

Is DIY Uncontested Divorce Possible in New Mexico?

Every single year, some married couples in the state successfully manage their uncontested divorces without professional help. Divorce lawyers in Albuquerque and other legal professionals say that some couples create more issues during the divorce process due to oversights or errors when preparing for their own divorce without professional legal help. Note that divorce lawyers have the skills and knowledge regarding the divorce process and it’s their job to ensure that divorcing couples successfully go through their divorce as easy and stress-free as possible. 

Yes, a DIY uncontested divorce is possible, but you have to make sure that you have sorted out your issues. Otherwise, it’s best to consult a divorce lawyer.

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