About Divorce -
Divorce is a legal process that dissolves a marriage. This process involves the division of property and debts, spousal support and custody, timesharing/visitation and child support. New Mexico is a no fault state meaning it is not necessary to prove anyone was to blame for the divorce. A common misconception is that it is relevant if a party committed adultery. In reality, infidelity does not make a difference: a party does not get more or less property, pay or receive more or less spousal support nor is it a factor in custody and timesharing/visitation. Most of the issues in divorces are not decided in court as the parties and their respective lawyers work out a settlement.
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Annulment -
An annulment is a legal procedure that causes a marriage to be as if it had never existed. The most common reason that a marriage is annulled is fraud. This usually means a failure to disclose some important fact to the spouse like a communicable disease, an inability to have children, a previous divorce or a criminal past. Other common reasons are bigamy, incest or duress. Anyone who marries before the age of consent can have their marriage annulled. Most people do not get annulments unless they have some legal, financial or religious reason to avoid a divorce.
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Uncontested Divorce -
The uncontested divorce is one in which both parties have come to an agreement about how the divorce will be settled. All property is divided among the two, including real estate, household goods and furniture, vehicles, stocks, bonds, retirement funds, cash deposits as well debts. The couple decides upon a custody and timesharing schedule which includes consideration of holidays, birthdays and school vacations. Child support is determined by child support guidelines. Spousal support, if any, will be addressed. Most uncontested divorces are settled quickly in negotiations involving the couple and their respective lawyers.
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Contested Divorce -
When the parties have vastly different perceptions of how the community estate should be divided and issues surrounding spousal support and the children, the divorce is contested. In New Mexico, all property and debt from date of marriage to date of divorce is to be divided equally, i.e. 50-50. However, there can still be disagreement as to who gets what assets/debts as well as possible allegations of separate claims to the assets. A prenuptial agreement may affect property and debt division if it is held to be valid.
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How Long Does Divorce Take -
A divorce can take anywhere from a few days to many months or even years. It all depends on how many issues can be resolved and how many need the courts attention. Any time court is needed, the parties are dependent on a court's docket in terms of when their matter can be heard in the time requested for presentation of the issue(s). Many issues must be resolved before a divorce can be granted. This includes who gets what personal property, cash deposits, the stocks and bonds and the retirement funds. Spousal support must resolved as well as custody, timesharing and child support. Be sure to take your time and consult with your attorney carefully.
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Common Law Marriages -
New Mexico will recognize a common law marriage from another state. The couples in a common law marriage are held to the same standards as other married couples and must go through the same proceedings to dissolve a marriage.
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