In New Mexico, dissolution of marriage is just another way to say divorce. Some divorces are amicable, with both parties in agreement about issues like child custody and alimony. For other couples, coming to a reasonable agreement may seem impossible. This can lead to much strife during the dissolution process, including a protracted legal battle.
In this case, you need a skilled divorce attorney by your side. Roybal-Mack & Cordova, PC is dedicated to guiding our clients through their divorce proceedings as quickly and painlessly as possible. When you’re facing disputes with your ex, we can also help you develop a legal strategy that presents your case in the best possible light.
In a no-fault divorce, neither party must provide “grounds” for the divorce to take place. In this case, both parties agree a general incompatibility led to the breakdown of the marriage. Additionally, both parties agree that the marriage cannot be reconciled. This is usually considered a less stressful way to dissolve the marital agreement.
With a fault divorce, one or both spouses must cite legal “grounds” to end their marriage. In New Mexico, adultery, abandonment, and cruel/inhuman treatment are the only acceptable reasons for a fault divorce. If citing one of these reasons, the spouse must present evidence showing that the misconduct actually occurred.
No-fault divorces mean that both spouses work out post-marital issues on their own. Couples can submit parenting schedules, plans for property division, or alimony agreements. If parents aren’t fully in agreement but willing to work through issues, arbitration and mediation are another option.
For a fault divorce, both parties are unable to come to an agreement about major issues. Accordingly, the court will listen to both sides and make a decision based on the evidence presented. Courts aim to make fair, equitable decisions in all cases. When it comes to custody, the court will make decisions that are in the best interest of the children.
You’re free to file for divorce on your own. However, if you’re facing complex issues or can’t see eye to eye with your ex, hiring a divorce attorney is the best possible option. Roybal-Mack & Cordova, PC has helped people throughout Albuquerque tackle complex family law issues with respect and dignity.