Divorce is a varied process 

Many different factors play into the duration of the divorce process in New Mexico. For example, suppose you have been married for a short amount of time. In that case, your divorce may be a speedier and easier process to undergo due to having fewer debts, assets, and less community property than a couple who may have been married for fifteen to twenty years. With New Mexico being a community property state, having more assets directly correlates with your divorce duration and what type of divorce you may have.

Contested vs. Uncontested Divorce in New Mexico 

After contacting an experienced attorney to assist you in your divorce process, you and your attorney should decide what divorce is best for your situation. All your assets need to be split up evenly in community property states like New Mexico. These assets can consist of real estate, bank accounts, debt, cars, and everything down to your coffee table. If you and your spouse agree on how you want to split up your assets without the assistance of a mediator, you could opt to have an uncontested divorce. An uncontested divorce is where you and your spouse agree on the reallocations of community property and spousal support/alimony without any disagreement whatsoever. Uncontested divorce tends to move faster due to less settlement renegotiation because you and your spouse agree on how your community property is split. An uncontested divorce is most common in marriages that last less than four to five years. In most divorces, spitting up community property tends to be an issue. If you’re having problems splitting up community property, you should opt for a contested divorce. If you have children, you’ll need to talk with your ex-spouse about a time-share/visitation schedule so your kids can have a fair amount of time with you and your ex-spouse. In New Mexico, courts rule for the child’s best interest and prefer for children to get an equal amount of time with both parents if possible. Make sure you have decent living conditions if you want visitation or primary custody. Most issues within a contested divorce tend to deal with disagreements with visitation, legal custody, and splitting up community property.

Get Organized

Make sure when planning a divorce you organize all possible financial documentation needed so you can get an attorney. Evaluate all immediate and potential avenues for financing your divorce, consider your savings, loan potential, and family aid to assist you throughout the divorce process, with the average cost of divorce being $15,000, you’ll need every cent. While getting organized on your own might be tedious, it’s in your best interest to do as much as possible to prevent complications later on in the divorce process. By doing something like financial planning in the present, you’ll save time for the actual divorce in the future rather than struggling to find ways to pay for it.

A New Mexico Attorney Can Help 

If you have any questions about New Mexico divorce or how long it will take, contact our trusted attorneys at (505)-317-4455, fill out our contact form below or chat with an online representative to get in touch with our premier lawyers. We want to hear your story and help you move on to the next phase of your life. 

Anthony Spratley
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Experienced Divorce, Child Custody, and Guardianship Lawyer Serving Albuquerque and Beyond