The costly services of lawyers are legendary. So why not take filling out all the paperwork into your own hands? If you are interested in how DIY (do-it-yourself) divorce works in New Mexico
, read the article to the end.
A Few Words About DIY Divorce
Before choosing a DIY divorce, make sure the features are suitable for your situation. For example, this type of divorce is ideal if there is no enmity between you and your spouse. This type of divorce largely depends on trust in the ex-partner and the relative simplicity of the issues you need to resolve. So:
DIY divorce — a divorce in which the spouses represent their interests without a lawyer. The couple prepares all the necessary papers on their own and submits them to the court. It is possible just in the case of uncontested divorce.
Also, this kind of dissolution of marriage works best when you and your spouse agree on all issues in advance, such as property division, child custody, spousal support (alimony), child support, etc. It is the fastest and cheapest divorce method that exists.
All About Divorce Process in New Mexico
Before starting the divorce process, there are a few rules to follow.
Requirements for Spouses
In New Mexico, you or your spouse must live in the state for six months immediately before filing for a divorce
What Is a Settlement Agreement
A Settlement Agreement is a document that spouses sign to obtain an uncontested divorce
. It includes resolving any controversial termination issues, emphasizing the separation of property, spousal support (alimony), child custody, child support, etc. Signing this document is vital when filing for a DIY divorce.
Grounds for Divorce
Grounds for divorce are the reason why you might get a divorce. Regardless of the type of divorce, the court requires you to state the reason for the separation. In New Mexico, divorce can be no-fault or fault-based. Fault-based means that your partner's actions led to the dissolution of the marriage. Grounds may differ from state to state, but among the main ones you will find:
● abuse of a spouse and children;
● spousal abandonment (desertion).
In all states, it is possible to have a no-fault divorce based on incompatibility and irreconcilable differences. In this case, you are not blaming your partner for the divorce and must prove to the court that your incompatibility cannot save the marriage.
You must understand that in New Mexico, if you continue to live together during the divorce process, the court may regard this as you are compatible with each other.
Legal Forms You Need for DIY Divorce
When getting a divorce, you should fill out all legal documents correctly. The required forms depend directly on the circumstances of your case. For example, you will need to fill out a Dissolution of Marriage Without Children or a Petition for Dissolution of Marriage With Children.
However, if you contact an online divorce service, you will not have to spend a lot of time figuring out the necessary nuances of the paperwork. The divorce papers can be confusing, but with the support of such a platform, you can fill out the forms needed for the trial online. So how do online divorce companies work? No, no, they don’t divorce people straight away from the laptop.
These platforms make for fast document preparation. The system selects the necessary forms for divorce and automatically fills them out based on the client’s information and local requirements. Thus, it is an excellent alternative to lawyers in an uncontested divorce
since they cost significantly more. Also, most online divorce services give a 100% court-approval guarantee.
So, let's go over all the steps for a prosperous New Mexico divorce. To start, you have to fill out all necessary forms by yourself or with the help of a web divorce service. Then, you should bring the papers to the circuit court in the jurisdiction in which you or your spouse lives.
If you submit the forms yourself (without an attorney), you must pay a registration fee. It costs around $130 in New Mexico. Then, after the court accepts all the divorce documents, you serve them to your spouse.
You must notify your spouse of your intention to divorce them. It means that they must receive the documents you submitted to the court to have the opportunity to formally act as a defendant in the case.
To do this, you can get anyone over the age of 18 to deliver documents to your partner, or you can ask a deputy sheriff to serve the documents. After the spouse signs divorce papers, you, as the plaintiff, provide the court with a form confirming the partner's signature.
Your spouse has 30 days from the date of signature to respond to the petition. They can agree with it or challenge the conditions of the dissolution of marriage, demanding a court hearing. Finally, when all legal issues have been resolved, the couple files the settlement agreement and waits for the final hearing and divorce decree.
Divorce is not so scary and challenging when you have someone to help. Online divorce services are fast, affordable, and guarantee that the court accepts the forms. So why hire a lawyer and pay enormous fees when you can always find an alternative?