The divorce process can be complex, and it becomes even more difficult to navigate when you are under the emotional stress caused by such a major change in lifestyle. This is why it’s so important to have an experienced attorney by your side who can provide you with the counsel you need. Count on Cortez & Hoskovec, LLC to protect your rights and interests while guiding your divorce to a fair settlement.
To help you better understand the divorce process and New Mexico divorce laws, we provide answers below for some of the most common divorce questions. For more detailed divorce help, contact us for a consultation.
New Mexico is a no fault state, meaning that anyone can file for divorce against their spouse for any reason. To do so, you will need to file a petition for divorce with the court. This initial document will outline your proposed terms for the divorce. The petition would then be served to your spouse, who can either accept the terms as-is (uncontested divorce) or negotiate them either through mediation/collaboration or in court.
The cost of divorce depends on many factors, including the amount of time spent in court and the fee charged by the attorney. In general, divorces that are handled quickly will be less expensive from the perspective of legal fee. In that sense, the cheapest divorce is one where you represent yourself (pro se). However, a divorce can be costly in other ways, such as loss of spousal support or property that you could have won rights to if you’d won them in court. In that regard, a pro se divorce can be extremely costly.
The length of time needed to settle a divorce depends on the cooperation and communication of the divorcing parties. The more meetings it takes to reach a compromise between parties, the longer the process will last and the more it will eventually cost in terms of legal expenses. In general, divorces settled through litigation can take significantly longer to resolve than those settled outside the courts.
Even if you are in the midst of an amicable and uncontested divorce, it’s a good idea to at least consult with an attorney to ensure that your rights and interests are being fairly represented and all paperwork has been filled out satisfactorily. If your partner has an attorney, you need one as well to ensure an even and fair playing field.
Ultimately, the decision of whether to take your spouse to court will depend on your individual situation. In some cases, including those where you do not feel safe or able to communicate openly with your partner due to a past history of abuse, litigation can be the best choice.
Remember that every divorce is unique, and nothing you read on the Internet can take the place of personal legal advice. Contact us to schedule a consultation with one of our experienced attorneys.