How Do You File for Divorce in Albuquerque?

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Divorce Family Law Low-income couples in Albuquerque may file for divorce under “free process” that waives the filing fee and other certain costs, only upon the approval of a District Court Judge in New Mexico.

Even if the fees were waived, you would still need to choose among different divorce and family law attorneys in Albuquerque. The Law Office of Dorene A. Kuffer says couples will negotiate matters such as alimony and child custody, and doing so without legal assistance can make the process more complicated and difficult.

Divorce Process

Those who are living at least six months in the city may file for divorce. If you’ve been served with divorce papers, you have one month to submit your response to the court. Otherwise, your spouse will seek a Default Judgment with proof that they have sent the documents to you.

A response to a divorce petition is necessary even if you agree to the terms and conditions. In case you have no objections, you can proceed with an uncontested divorce. However, this seldom happens for most couples due to disagreements on alimony payments.

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Who Pays Alimony?

You and your spouse should hasten the process before 2019 when taxes on alimony payments would shift to the responsibility of the paying spouse. Divorce courts often award alimony payments based on the person’s salary, income potential, and assets.

Some of the most common types of alimony include long-term and transitional payments. Long-term alimony generally applies to a person who has been married for at least 20 years, while the transitional type can be granted if you or your spouse will have a difficult time with adjusting to single life.

It’s possible for your spouse to cover your legal expenses through a court order, but don’t expect your partner to be keen on the idea. This is particularly true for couples in a rocky relationship. Your best option would be to find a lawyer who can convince the court to rule in your favor.