Divorce (Contested and Uncontested)

Contested:

Once the decision to divorce is made, spouses often feel devastated and overwhelmed. The steps involved in successfully completing a divorce are not always clear. Potential divorcees have many questions and it isn’t easy to obtain the right answers. When divorcing, a couple has a lot more to worry about than ending the marriage or filing forms. They also have to take into consideration issues such as:

• the grounds for divorce
• custodial arrangements for their children
• support and alimony
• property division

When a husband and wife cannot come to an agreement on one or several issues related to the termination of their marriage, it is considered a contested divorce. When dealing with a contested divorce, the husband and wife should each seek their own attorneys as a contested divorce presents more complications than an uncontested divorce.

The attorneys at the William R. Brummett, Attorney are experienced in preparing and filing contested divorces in Albuquerque. We are not a paralegal service. You can be assured that you are retaining an experienced divorce attorney who will guide you through this process. Before our team can file your contested divorce in New Mexico, certain requirements must be met. If you meet the following requirements, we can represent you and counsel you:

• You and your spouse disagree on the grounds for divorce, which are:

• Abandonment (must be for more than one year)
• Constructive abandonment (either you or your spouse has refused to have sexual relations for more than one year)
• Adultery
• Written Separation Agreement
• Cruel and Inhumane Treatment

• If you have children, you and your spouse disagree on custody of the children and the exact amount of child support.
• There is property to divide between the two of you. This includes bank accounts, pensions, real and personal property. In New Mexico, it does not matter whose name is on the accounts or the property. Any property acquired during the marriage is considered Marital and is subject to equitable distribution. Also any increase in value of Separate Property may be subject to equitable distribution.
• You or your spouse has lived in New Mexico for at least one year.

The William R. Brummett, Attorney will only represent you. Under no circumstances will our office represent both the husband and wife. We will prepare all the legal documents and send them to your husband or wife with a detailed letter explaining what they need to do to proceed with the divorce. We pride ourselves in providing our clients with the information they need to keep the process simple, prompt, and painless.

Uncontested:

When both parties involved in a marriage have worked out the important issues pertaining to their divorce without court help, it is considered an uncontested divorce. Uncontested divorce, often called the simple divorce, is very common due to its simplicity and low cost. If a husband and wife can agree on the terms for division of property, child custody and child support issues, then they can usually separate amicably.

Even though you and your spouse may be parting on good terms and agreeing on important issues, it is still in your best interest to speak with an attorney. The William R. Brummett, Attorney has handled many uncontested divorce cases successfully. When you work with our Firm, you can be assured that you will be retaining an experienced divorce attorney who will guide you through this process.

Certain requirements must be met before we are able to file your uncontested divorce in New Mexico. If you meet the following requirements, we can represent and counsel you:

• You and your spouse agree on the grounds for divorce, which are:

• Abandonment (must be for more than one year)
• Constructive abandonment (either you or your spouse has refused to have sexual relations for more than one year)
• Adultery
• Written Separation Agreement
• Cruel and Inhumane Treatment

• If you have Children, you and your spouse must agree on Custody of the Children and the exact amount of child support or have an Order from Family Court.
• There is property to divide between the two of you. This includes bank accounts, pensions, real and personal property. In New Mexico, it does not matter whose name is on the accounts or the property. Any property acquired during the marriage is considered Marital and is subject to equitable distribution. Also any increase in value of Separate Property may be subject to equitable distribution.
• You or your spouse has lived in New Mexico for at least one year.

The William R. Brummett, Attorney will only represent you. Under no circumstances will our office represent both the husband and wife. There are ethical principles involved, and our Firm takes them into close consideration.

When you work with one of our attorneys, we will go through the key issues surrounding your divorce. We will also prepare all legal documents for the execution of your divorce and send them to your spouse so they can be signed. Our attorneys will listen to what you have to say and answer all of your questions. We pride ourselves in providing our clients with the information they need keep the process simple, prompt, and painless.