New Mexico residents can file for divorce once they present information that verifies their residency. Typically, the plaintiff must live in the area for at least six months prior to submitted a motion. They should also identify the grounds for the divorce to determine whether or not additional information or evidence is needed by the court. If you are planning to file for divorce, you should contact a The Carter and Valle Law Firm Albuquerque, NM to help you through this journey.
Grounds for a Divorce
The state of New Mexico limits the grounds for a divorce to four possibilities. First, a non-fault based case is typically identified as a defined compatibility between the two parties. In most cases, it is not disputed as it doesn’t assign blame. However, when filing a fault-based divorce, you are identifying an issue that emerged and lead to the need for this action.
Fault Based Divorce
The first fault-based ground identified in the state is cruel or inhuman treatment. This encompasses mental, emotional, and physical abuse. If you are filing based on occurrences of domestic violence this is the ground you will use. When making this claim, you are required to present evidence of these behaviors. A police report where you pressed charges will fulfill these obligations.
Adultery is proven through telephone records, video or audio surveillance, or photographs. This evidence is admissible and will prove your case. When you choose to seek alimony from your spouse due to these grounds, these forms of evidentiary support present a stronger case. To acquire the evidence your attorney may recommend that you hire a private investigator.
Abandonment is the third and final fault-based ground utilized in New Mexico. You must prove that your spouse disappeared without an adequate reason. This may include the presumption of death. It is necessary for you to present solid evidence of abandonment as it could also assist you in attaining fully custody of your children.
Divorce presents you with one of the most stressful life events imaginable. While you cannot predict the future of your marriage, you can take control over the way in which it ends. The first step to gaining this level of control is to hire an attorney who is familiar with state and local laws. If you need a Family Lawyer in Albuquerque NM today, contact The Carter and Valle Law Firm or visit their website for more information.
