New Mexico is a no-fault state when it comes to divorce. This means that there is no need to provide reasoning for the separation; a divorce petition can be filed by either party, for any reason. In some cases this can lead to a contentious legal process, with the other party resisting either the terms of the divorce or the divorce itself. In other cases, when both parties come to an agreement for an uncontested or mutual consent divorce, the process is significantly shortened.
Cortez & Hoskovec, LLC is an experienced family law firm in Albuquerque, NM. We have provided representation for many families and can help you through your divorce. In a mutual or uncontested divorce, you may come to use with a full agreement. Or you may wish to schedule a mediation with us, in order to assist you in reaching a full agreement outside court.
The simplest mutual divorce is uncontested: Both parties agree to all aspects of the divorce and sign the divorce papers before filing anything with the court. Generally, you will use one attorney to do this. An uncontested divorce can only work if you and your partner agree to all of the terms regarding custody, allocation of property and other issues.
If you cannot reach an agreement on all terms, but still wish to remain out of court, you could utilize our mediation services. One of our experienced attorneys will meet with you and your partner, and assist you in reaching an agreement on division of property, custody, spousal support, and all other issues.
This method is more favorable than going to court because your outcome is predictable. The judge won’t be telling you what to do with your money and your children. Plus you avoid the expense and trauma that court can bring.
The end of a marriage is an emotional and often chaotic time. You may not be in a position to rationally and objectively consider your long-term needs when facing a divorce. Having an outside opinion from an attorney experienced in family law can help you to reach fair divorce terms. We can also help you to understand the legal process of getting divorced, including assistance in filing forms and paperwork to expedite the process.
To learn more about mutual consent divorce, mediation strategies and uncontested divorce, you can contact us. We will be happy to schedule a consultation to discuss your unique case.