November 14, 2009 by Will Owens
If you are getting a divorce in the US, the state where you file is significant since divorce is handled differently in the different states. You must consider factors such as division of property, alimony, child support and visitation rights, requirements for establishing residency, waiting periods before a divorce can be finalized and whether or not the state offers no fault or fault divorces. For instance, an agreed or uncontested New Mexico divorce can be finalized within a day of filing.
You cannot start divorce proceedings if you do not fulfill the residency requirement of the state where you plan to file the divorce. If this is the case, you can either wait until you qualify or file the divorce in another state. For example, in New Mexico, you and your soon-to-be ex spouse should be currently living or have lived in the state for at least six months and have a place of residence there.
To simplify, getting a New Mexico divorce involves three steps. First, you must fill out and file the divorce papers. Aside from the general forms, you may be asked to accomplish additional forms or submit supplementary information, depending on the type of divorce you are filing and if minor children and large assets are part of the equation.
Step two is to let your spouse know of your filing for divorce and give him/her papers to sign. You can do this in person, via mail or through the Deputy Sheriff / Process Server. There is a waiting period of up to 33 days, depending on how the divorce papers were served, for your spouse to return the signed papers.
The last step is to attend your divorce hearing. However, this step is rarely required if both parties have signed all the necessary legal documents. If your spouse does not do anything or cannot be found to sign the papers, you can get the divorce by default after filling out the necessary paperwork.
If you can afford it, contact a lawyer (e.g. an Albuquerque divorce lawyer if you live in that area) to assist you in getting your divorce. Aside from giving sound legal advice, your attorney will prepare and handle the related paperwork. This option is especially recommended if your divorce is contested or your divorce circumstances are complicated.
Regardless of whether you are getting a New Mexico divorce or a divorce in another state, using an Albuquerque divorce lawyer or a divorce do-it-yourself kit, it pays to be informed. Upon deciding on a divorce, do a personal evaluation of your case and know what exactly is at stake, emotionally and financially.
There is plenty of information on the Internet regarding divorce laws and procedures. There are also tips on coping with the stress that this process brings, so that in the end, you can move on to a healthy post-divorce life.
Procedures for divorce vary depending on where you reside. If you need an Albuquerque divorce lawyer to process your divorce quickly, the laws governing a New Mexico divorce may accommodate you.
