How to File for Divorce in Albuquerque, NM

If you are planning for legal separation to end your domestic partnership or marriage, the first question you ask yourself is: "How to file for a divorce?" This question requires detailed information. As you may know, laws vary from country to country and state to state, to achieve the results you want, you have to take every step wisely. Finding the right attorney can help you understand how to file for divorce and other implications that go with it. So, it is essential to contact a professional divorce law firm in your area to obtain the correct information.

Residing in Albuquerque, New Mexico and looking for professional guidance to get separate from your spouse? You’ve landed at the right place. This post talks about the step-by-step guide to filing for your divorce in the city.

Getting Started

In Albuquerque, NM, divorce is also referred to as the ‘dissolution of marriage.’ You may see this term on court websites and in divorce paperwork. The spouse who files for divorce in the court is known as the ‘petitioner’ and the other one is the ‘respondent.’ The state (New Mexico) holds a residency requirement for filing the divorce. According to this requirement, at least one partner must be a resident of the state for at least 60 days.

To start the divorce procedure, the petitioner must fill one of two forms:

a) a Petition for the Dissolution of Marriage Without Children

b) a Petition for Dissolution of Marriage With Children (if the couple has children under 19 who are still in school)

These forms are available on the official Family Law website of the New Mexico State Judiciary Self Representation.

Filing for Divorce

Once an Information Sheet and the petition are completed, the petitioner can file his/her papers in the judicial district court of the Albuquerque’s county i.e., Bernalillo County. You can find the link to your judicial district court website by visiting the state judicial branch website at nmcourts.com.

During filing your case in the court, you (the petitioner) have to pay a filing fee (payable in a money order or cash) or request a fee waiver.

Service

When you (the petitioner) go to the court to file your paperwork, it is recommended to bring multiple copies of the petition with you. The clerk of the court will stamp all your copies which you can then serve on your partner.

• Service’ means that the second partner receives a court-stamped copy of the divorce petition. Under the laws of New Mexico, the respondent partner may be served by any of the following methods:

1. 1. Receiving a court-approved copy of the divorce petition from the sheriff of the county where the second spouse (respondent) works or lives (the sheriff charges for this service)

1. 2. Receiving a court-approved copy of the divorce petition from any individual of 18 years or above

1. 3. Receiving a court-approved copy of the divorce petition by the US Certified mail and return receipt requested. It means that only the respondent receives the copy and gives a proof of delivery with the return of the receipt.

After the respondent gives a green card for the same, the petitioner must file the proof of delivery or service with the court.

The Respondent Action

After being served with the divorce petition, New Mexico allows 30 days to the respondent to give a written response of the petition. In the answer, the respondent can agree or disagree with what his partner has stated in the petition. Then, the respondent delivers the original response to the court and sends a copy of the same to the petitioner.

Default Divorce

If the respondent fails to give a response on the petition within 30 days, the petitioner may file for default divorce or the decree of dissolution of marriage. Your lawyer can prepare these papers for you. Once you get an approval from the judge, your divorce is final.

Hopefully, this post can help you understand the basics or what you need to begin the divorce process in Albuquerque, NM. In case of any doubt, you must contact a professional attorney for help. From different divorce law firms available in the city, you may consult an experienced attorney at the Family Law Firm. A licensed divorce attorney from the agency will be always there in your assistance to represent your case on your behalf in the court to take your case in the right direction.