New Mexico divorces follow similar guidelines to most states. The petitioner files a motion for the divorce and the papers are delivered to the defendant. However, before the petitioner can start the process, they must fulfill residency requirements. New Mexico requires petitioners to live in the state for six months first. A Divorce Attorney Albuquerque NM helps these petitioners through these processes.
What are the Grounds for Divorce?
The grounds used for divorces begin with the generalized no-fault option of irretrievable breakdown. Next, the petitioner has fault-based options such as adultery, abandonment, and inhumane treatment. For any fault-based grounds, the petitioner must provide evidence to support their claim. However, if the defendant doesn’t contest the grounds, they could sign an affidavit to support these allegations.
What Process is Required for a Contested Divorce?
If the defendant contests the divorce, the couple may negotiate with their attorneys. The most common reasons for a contested divorce are property division, child custody, and the allegations of the grounds. If the couple cannot reach an agreement through out of court negotiations, they attend mediation. This process allows the two parties to discuss their differences in a neutral environment. This process takes several hours to complete. If these efforts aren’t successful, the couple must attend a divorce trial.
Determining Child Custody
In contested divorces, the child custody is determined by the judge. This decision is determined during a separate hearing after the divorce is finalized. However, the parent who has physical custody of the child at the time of separation may maintain custody until a decision is made by the court. However, visitation with the child must be arranged. The judge reviews each party to determine the most appropriate setting for the child during these proceedings.
New Mexico divorce petitioners must follow all guidelines for a divorce. This includes arriving at an agreement with their spouse. If they can reach an agreement early, it could prevent serious delays in finalization. They could also maintain control over child custody assignments. Petitioners who need to hire a Divorce Attorney Albuquerque NM should contact The Carter & Valle Law Firm or visit website for additional details.