If you and your partner have grown apart, and are both ready to live separate lives, making your split official is just a formality. Albeit a very important one. In order to legally dissolve your relationship, you will need to get a divorce. The word divorce has a negative connotation, but divorce doesn’t have to be difficult. New Mexico couples seeking an amicable split can together file for an uncontested divorce.
Attorney Bob Matteucci assists couples who want to take this route. He can counsel you as you make decisions about your split, and draft and file all of the documents required by the state to formalize your agreement.
What Is An Uncontested Divorce According to New Mexico Law?
An uncontested divorce is a way for a couple to split up amicably and efficiently. In an uncontested divorce, there are no winners and losers. Both parties win because they are able to move forward with their lives with as little disruption as possible.
In an uncontested divorce, the former partners jointly file the New Mexico dissolution of marriage form with the court. While it is technically possible to fill out this form without the assistance of an attorney, most couples choose to work with a family law attorney. At the Matteucci Family Law Firm, attorney Bob Matteucci guides couples through the decisions they need to make in order to properly fill out the form and move on with their lives and makes sure their wishes are correctly documented for court approval.
The most common decision points that Attorney Matteucci advises clients on are:
- The division of assets and debts: Most couples have a good idea of how to fairly divide up their home, vehicles, and bank accounts. But it may be more complicated when things like retirement accounts or significant debt must be split up as well. Attorney Matteucci has years of experience helping couples decide how to split up their assets and debts.
- Alimony: Post-divorce payments from one former partner to another is known as spousal support or alimony. You and your spouse need to determine if alimony should be paid, and if so, how much and for how long.
- Child custody and visitation: If a divorcing couple has a child or children, they will need to determine where the kids will live going forward, but also what legal decisions each parent can make on behalf of the child. For example, will both parents have a say in the child’s education, or will one be primarily responsible?
- Child support: New Mexico has specific worksheets and guidelines that dictate the minimum amount of child support a court will approve. Some parents choose to pay more than the worksheets require or agree to cover extra expenses not included in the guidelines.
All of these significant issues must be tackled before a couple can file for an uncontested divorce. If a couple cannot come to an agreement over one or more of these items, the divorce must be litigated.
What Are The Benefits of An Uncontested Divorce?
There are many benefits to an uncontested divorce.
First, the process is quick and efficient. A case can be filed and quickly approved by the courts because most of the work has been done outside of court before any official paperwork has been filed.
Second, the process is more private and personal. Negotiating the terms of the dissolution behind closed doors rather than airing the family’s dirty laundry during litigation protects everyone from unwanted scrutiny and embarrassment.
Finally, and perhaps most importantly, the process is much easier on the family than a contentious divorce. In an uncontested divorce, children see their parents working together to make sure they will be taken care of rather than fought over.
What is The Role of An Attorney in New Mexico?
As noted above, it is possible for a couple to file for an uncontested divorce without the assistance of an attorney. So, why do so many New Mexico couples choose to work with an attorney to file for an uncontested divorce?
Working with an attorney can speed and smooth the divorce process. While you may be filing for divorce for the first time, Attorney Bob Matteucci has assisted many couples during his years as a family law attorney. His experience negotiating an agreement to keep the divorce on track when a minor dispute arises, not to mention drafting all the paperwork required by the courts, is invaluable.
He can also advise you on topics you may not have considered, like the tax consequences of dividing assets in a certain manner. In most uncontested divorces, both partners will hire their own attorney to advise them and make sure their individual interests are protected.
What Happens If An Uncontested Divorce Becomes Contested?
If a dispute arises during the negotiation of your uncontested divorce, you can still split up. Instead of negotiating an amicable split, you and your partner will resolve your differences in court.
Finding Middle Ground
Most families would prefer to keep their private lives out of the public eye even if they cannot come to an agreement about the terms of their divorce.
One option for resolving disputes without having them play out in front of a judge is participating in what is known as settlement facilitation. In a settlement facilitation, a neutral third party – usually a retired judge or an experienced New Mexico family law attorney – will work with you, your former partner, and your lawyers to negotiate a settlement.
The facilitator doesn’t decide who is right and who is wrong like a judge would but instead helps the spouses come to an agreement. The settlement facilitation may be a half-day or a full day depending on the issues involved.
Both spouses will be in a separate room with their attorneys throughout the process. The facilitator will go from one room to the other to talk with both sides and understand the issues. Then, the facilitator will get to work negotiating a settlement.
Settlement facilitation is an effective way of keeping an uncontested divorce from becoming contested. Bob Matteucci has served as the settlement facilitator for a number of New Mexico couples.
Contact A New Mexico Uncontested Divorce Attorney Today!
If you and your former partner are interested in filing for an uncontested divorce, Matteucci Family Law can help. Attorney Bob Matteucci works with couples from across the state of New Mexico who are ready to amicably separate and move forward with their lives.
He will work hard to ensure your divorce goes as smoothly as possible — answering your questions, guiding you through difficult discussions, and making sure your paperwork is all in order. Please contact him today to learn more and to schedule a confidential consultation.
Matteucci Family Law Firm helps families with uncontested divorce matters all across New Mexico including Albuquerque, Santa Fe, Los Lunas, and Rio Rancho.