What is the definition of a contested divorce in New Mexico?
01/03/2007 - Divorce - State: NM #83
What is the definition of a contested divorce in New Mexico? If a spouse refuses to sign or otherwise respond to a request for divorce, what is the legal recourse?
A divorce is the termination of a marriage by legal action, requiring a petition or complaint for divorce (or dissolution in some states) by one party. There are two types of divorce-- fault and no-fault. An fault divorce is a judicial termination of a marriage based on marital misconduct or other statutory cause requiring proof in a court of law by the divorcing party that the divorcee had done one of several enumerated things as sufficient grounds for the divorce. Some states still require at least a minimal showing of fault, but no-fault divorce is now common.
According to New Mexico divorce laws, you may request either a no-fault or fault divorce. The entry of a no fault divorce requires only the statement of incompatibility. Fault grounds can include, but is not limited to, adultery, abandonment and cruel and inhumane treatment. An action for dissolution of marriage is filed in the District Court. The title of the action initiating the dissolution proceeding is a Petition for Dissolution of Marriage, while the title of the action granting the dissolution is referred to as the Decree of Dissolution of Marriage.
If one spouse refuses to sign a joint petition, the other spouse may still seek and obtain a divorce on statutory grounds.
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01/03/2007 - Category: Divorce - State: NM #83
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