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Divorce Options in New Mexico – Part 1
No Fault Divorce
In New Mexico, we have what is known as unilateral no fault divorce. This means that anyone who wants a divorce can get one, no matter what their reason is or if their spouse also wants the divorce. As long as one party sees irreconcilable differences, the divorce will proceed. It is also important to note that in order to get divorced in New Mexico, one spouse must have lived in the state for at least six months. With these factors in mind, what are your options for divorce in New Mexico? Four things you should be aware of are traditional divorce, collaborative divorce, divorce mediation, and uncontested divorce.
Option 1: Traditional Divorce
Traditional divorce is likely to be the slowest, most expensive option. However, that doesn’t mean it isn’t the right choice in many cases. If you feel your spouse is out to get you financially, or the two of you have little to no ability to negotiate and come to agreement regarding your divorce, then traditional divorce may be the best way to ensure that your rights and interests are protected. Just be aware that a traditional divorce will be subject to the scheduling constraints of the court system, which adds time, and that each step in the process will be litigated, which adds attorney’s fees. For a traditional divorce, you’ll want to select an attorney with a wealth of courtroom experience and a proven track record as a litigator.
Option 2: Collaborative Divorce
Check back soon for Divorce Options in New Mexico – Part 2