In New Mexico, divorce petitioners start the process based on their understandings. However, as years pass, laws associated with a divorce could change. By discussing their case with an attorney, the petitioners have an opportunity to explore their rights and make well-informed decisions. The following is an outline of the steps for these proceedings followed with a divorce attorney in Albuquerque, NM.
The Divorce Grounds
The divorce grounds must pertain to the exact reason for the divorce. They are either no-fault or fault-based. In most cases, the grounds of irreconcilable differences are used. It doesn’t impose onto one spouse individually; it indicates that both parties share the fault. However, if a spouse was unfaithful, the ground of adultery is used to present the case. Evidence of an extra-marital affair is needed.
The Divorce Agreement
The divorce agreement defines the exact terms of the divorce. It presents how the marital property is divided and any liabilities that are shared by each party. For example, it determines what party pays the most current income tax requirements. It also defines who will receive any pension plans acquire during the marriage.
Child Custody and Support
If the couple can come to an agreement, child custody and support is identified in the agreement. If they cannot, they must negotiate these matters through their attorneys. They have only one other opportunity if they cannot come to an agreement through these efforts.
Mediation and Divorce Trials
Any disputes about the divorce are managed through mediation. It is a meeting with the spouses and their attorneys. Each party can discuss the agreement and make compromises to settle the divorce case. If these efforts fail, the couple must attend a divorce trial. This process could take up to two years to complete.
In New Mexico, divorce petitioners review the process for obtaining a divorce. The cases could become complex based on the value of the marital estate. It can also lead to further issues if the couple cannot agree to the terms. Petitioners who want to file for these actions today should contact a divorce attorney in Albuquerque, NM through Carter & Valle Law Firm or visit the website right now.
