Attorney
Getting married is easy. Assuming you meet all the eligibility requirements, you and your loved one could walk into the courthouse tomorrow and walk out as a married couple. Undoing that “I do” takes a bit more time.
An experienced New Mexico family law attorney, Bob Matteucci knows how to help keep the process moving, but no lawyer can speed up a case if the parties are digging in their heels. The fastest divorces happen when both sides are committed to resolving issues efficiently so they can move forward with their lives.
The Legal Timeline vs. The Human Timeline
Getting divorced in New Mexico is a relatively straightforward process.
No long legal waits. New Mexico doesn’t require a waiting period to file for divorce. You don’t need counseling first, and you don’t have to be married for a certain number of months or years. In fact, you could get married on a Saturday and file for divorce the next Friday.
Residency matters. If you’ve recently moved here, you’ll need to wait until either you or your spouse has lived in New Mexico for at least six months before filing. And you need to assure the courts that either you or your soon-to-be-former spouse intend to live here for the foreseeable future. That’s the only real built-in delay under state law. (And if you’re wondering why residency requirements exist, you can read more about their history here.)
After that, the timeline is largely dictated by how quickly you and your spouse can reach agreement.
Why Attitude Speeds (or Slows) Divorce
New Mexico is a no-fault divorce state, which means you don’t have to prove wrongdoing to get divorce. You need only state that the marriage isn’t working. This keeps your personal business out of the public eye, and can help keep drama to a minimum, but the emotional upheaval and financial realities of splitting up can still slow things down.
How long a divorce takes can vary tremendously:
- Uncontested divorces—where you’ve agreed on all terms—can often wrap up in as little as 30 to 90 days after filing.
- Contested divorces, where disagreements over custody, property division, or spousal support drag on, can take months or even years to resolve.
The difference is not the law that applies, but your attitude toward it. The more open you are to compromise, the sooner you can close this chapter and start the next one.
Worst Case Scenario
If you and your spouse can’t reach an agreement, your case will have to go to trial. Each side presents evidence, and a judge makes the final call. It’s a slower process, it’s more expensive, and in the end, both sides are usually unhappy with the outcome.
The takeaway? Your mindset and your willingness to work toward a solution will do more to speed up your divorce than any statute or court calendar.
Serving Families with Dignity & Compassion
If you’re facing divorce in New Mexico, Bob Matteucci can help you navigate the process efficiently and protect your best interests. Whether your case is straightforward or complex, Bob will explain your options and work to help you and your spouse reach resolution faster. Contact Matteucci Family Law today to schedule a consultation.