Uncontested Divorce in New Mexico

Some people think that the term “uncontested divorce” means that if both parties agree that they should get a divorce, it is uncontested. This is far from accurate. 

An uncontested divorce is one in which the parties agree to the resolution of all issues related to the divorce, including, but not limited to: 

• Identifying and dividing community property and community debt (including retirement accounts and retirement benefits)
• Disposition of the marital residence
• Spousal support/alimony
• Custody/timesharing of minor children
• Relocation
• Child support
•  Any other particular issues unique to your family and circumstances

Sometimes, a marriage reaches an amicable end. However, just because both parties agree to a divorce and are willing to negotiate the settlement doesn’t mean they won’t need a divorce attorney.

Is an Uncontested Divorce Right for You? Please, contact the experienced and skilled uncontested divorce attorneys in New Mexico at Sandia Family Law by calling (505) 544-5126 today. 

An uncontested divorce can still be complex, and having an attorney on your side who can help protect your interests and walk you through the divorce process will allow the separation to go as smoothly as possible. Sandia Family Law has served Albuquerque since 1996 and can help you navigate the divorce process so you can move on with your life.

Understanding Uncontested Divorce

In an uncontested divorce, both parties agree to the divorce and its terms. 

What Are the Benefits of an Uncontested Divorce?

An uncontested divorce provides numerous advantages, especially for couples who can agree on major issues such as property division, child custody, and support. Here are some of the key benefits of choosing an uncontested divorce:

• Efficiency: Uncontested divorces are generally faster to resolve, as both parties agree on terms. In New Mexico, this can result in reduced waiting periods, allowing each party to move forward more quickly.
• Cost Savings: Since there is no need for extensive court appearances or prolonged negotiations, uncontested divorces typically incur fewer legal fees, saving both parties significant costs compared to a contested divorce.
• Reduced Conflict: Without the adversarial process of a contested divorce, couples often maintain a more amicable relationship. This is particularly beneficial for co-parenting, as it sets a positive foundation for future interactions regarding custody and visitation.
• Privacy: An uncontested divorce is generally a more private process, as it avoids the need for public court proceedings that can accompany contested divorces, keeping personal matters out of the public eye.
• Lower Emotional Stress: By avoiding drawn-out litigation, couples can experience less emotional strain. This is especially valuable for parents, as a smoother process can help children adapt to the changes with less stress.

For couples who are prepared to work collaboratively, an uncontested divorce is an efficient, cost-effective, and respectful way to end a marriage.

Steps to File for an Uncontested Divorce in New Mexico

1. One party will file a petition for divorce with the court. 
2. The other spouse agrees to the terms as laid out in the petition. 
3. Generally, this will occur after an informal discussion on behalf of the divorcing spouses. For example, the couple may decide ahead of time how property will be divided and detail this in the petition.

Many uncontested divorces are also “pro se,” or without an attorney. However, an attorney can be a valuable asset in even the most amicable of separations.

Benefits of Hiring an Attorney for Your Uncontested Divorce in New Mexico

Even if a marriage is ending on good terms, it is a major transition in your life and is likely fraught with emotion. When emotions are running high, it can be difficult to see things clearly and rationally. The terms you agree upon today may not seem so fair in a few months when the dust has begun to settle.

Having an outsider look over the terms can help you to gain a better perspective. And when that outsider is a divorce attorney with many years of experience, you gain peace of mind that you’re doing things right.

The attorneys at Sandia Family Law can help you to finalize your uncontested divorce. Contact us today at (505) 544-5126 to schedule a consultation or learn more about your options.