New Mexico Divorce Lawyer
Divorces can vary as much as the people who are in them and each divorce has its own unique challenges and issues. Some divorces are fairly simple and straightforward. Others are more complex, especially if high net-worth and complex assets are involved. At its core, however, there is a basic outline of the divorce process in New Mexico that can be followed in most divorce cases.
At the law firm of Stephen P. Eaton, Attorney at Law, we can guide you through the divorce process and help you understand your rights and your best options. We can help you make decisions regarding child custody, child support, alimony/spousal support, property division and other issues. We can also help you decide whether to resolve your disputes through collaborative law, mediation or by going to court. Our firm will tailor our legal service to your individual needs and will provide the personal attention that your situation deserves.
If you are considering divorce or have already made the decision, it is in your best interests to consult with an experienced divorce attorney. Contact us today in Albuquerque, New Mexico, to speak with family lawyer Stephen P. Eaton.
Divorce Process in New Mexico
Not all divorce cases go to court. Most people choose some form of resolution that avoids court completely. The can be a negotiated private agreement or a collaborative agreement. We feel it is usually best to try to resolve your issues without going to court. When that is not possible, the legal divorce court process can be outlined as follows:
- One spouse consults with a lawyer and drafts a petition to the court requesting a divorce and identifying the issues to be resolved.
- The petition is filed with the court and served on the other spouse
- The served spouse is required to respond to the petition within the prescribed time limit or it will be assumed that the divorce petition is not contested. The response lets the court know what matters are at issue and what matters are agreed.
- Both spouses engage in discovery, where they exchange documents and information that relate to issues of their divorce, include finances, business information and child care information
- At any time in this process, or before the formal court process begins, the spouses may engage in collaborative divorce, mediation or other forms of resolution in order to reach a settlement
- If a settlement is reached, it is submitted to the court from approval and the judge will issue a divorce decree.
- If a settlement is NOT reached, the case will go to trial.
- At trial, all the evidence and arguments will be presented for both sides and the judge will make a determination about the divorce, which can be appealed by either party.
- Divorce trials in New Mexico are brief and the evidence is usually limited in a way that rarely makes people feel the Judge who decided their case really understood them or their situation.
When everyone is in total agreement about the issues of divorce from the outset, the process may take less than three months to resolve. If issues need to be negotiated, the process may take anywhere from 3 to 6 months. When a negotiated resolution is reached, often neither party has to go to court.
If the divorce goes to trial, the process can take much longer. As the length of time necessary to resolve the divorce goes up, so does the cost of the divorce. When couples agree to cooperate and come up with a settlement prior to court, they can usually save a great deal of time, money and frustration.
Contact Divorce Attorney Stephen P. Eaton
For more information about the divorce process in New Mexico and how to protect your rights, contact us at Stephen P. Eaton, Attorney at Law. Call us in Albuquerque at 505-908-3895 or toll free at 866-420-6761. We accept all major credit cards as payment for our legal services.
