Albuquerque, NM 87102
Closed on Weekends
No-Fault Divorce: New Mexico divorce laws make filing for divorce a much simpler process than it was in the past. All 50 states in the U.S.A. recognize “no-fault” divorce laws that allow courts to grant divorces without needing the couple to prove a wrongdoing. If you wish to dissolve your marriage in New Mexico, it will be dissolved.
In the past, you would have had to prove adultery, abandonment or cruel treatment in order to obtain a divorce. These wrongdoings are tricky to prove and greatly slowed down the divorce process. Today, New Mexico no-fault divorce laws allow you to divorce without the need to prove fault. In fact, most couples simply cite “irreconcilable differences” on divorce petitions.
No-fault divorce law greatly speeds up the divorce process, but with one caveat: before a judge will grant your divorce, you must have all alimony and child custody arrangements decided first. To do this, you will need to work out an agreement through collaborative divorce, mediation or arbitration. Otherwise, your divorce will need to be litigated in court.
Which type of divorce you choose depends on the unique circumstances of your case. If you and your spouse agree on alimony, child support and custody, you are likely headed for a relatively straightforward uncontested divorce. Most often, couples do not agree on the terms of divorce right away and choose to resolve their differences through mediation.
When a couple cannot come to terms in mediation, they usually have two options: arbitration or litigation. In arbitration, you and your spouse will agree upon an arbitrator who will hear evidence from both sides and come up with a binding decision. At the Gentry Law Firm, we only use divorce litigation as a last resort since most couples wish to save the time and expense of drawn-out courtroom battles.
If you need divorce help in Albuquerque, NM, contact the attorneys at the Gentry Law Firm, We are New Mexico Supreme Court Certified Family Law Specialists, reflecting our in-depth knowledge of New Mexico statutory and case law as it relates to divorce and all family law issues. Talk to us about the facts of your case—contact us today to schedule a consultation.