New Mexico Joint Petition for Bifurcated Divorce

State:
Multi-State
Control #:
US-03179BG
Format:
Word; 
Rich Text
Instant download

Description

In a bifurcated divorce, the marriage is terminated, but other issues, such as the division of property, alimony, child support or custody arrangements, are left to be determined at a later date or at trial. Couples pursue a bifurcated divorce when one or both spouses want to terminate the marriage quickly, perhaps so they may remarry, and are willing to resolve other issues at a later date.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

New Mexico is a no-fault state and either party can request a divorce. It is far easier to finalize a divorce when both parties agree on the terms and sign the necessary paperwork. Unfortunately, not all divorces are ?easy.?

First of all, to file for divorce in New Mexico, you or your spouse must have lived here for at least the last (6) months. You do not need the other spouse's consent to file for divorce.

Rather than delay the entire divorce, the judge will allow a Bifurcated Final Decree to be issued. This means the couple is legally divorced, but the court retains jurisdiction over the couple to work out the remaining issues.

Bifurcated Divorce Defined It involves the partitioning or bifurcation of the divorce process, allowing courts to dissolve the marriage while deferring the resolution of other disputes, such as property division, child custody, and spousal support.

To begin a divorce, you must first file a petition and other papers in the district court in the county where you live or where your spouse lives. The divorce is not final until the judge signs the Final Decree of Dissolution of Marriage. It is not necessary that both person agree to end the relationship.

For a Divorce to be granted and valid, both parties have to appear personally and sign before the Judge in Mexico, once all the requirements are presented and standard procedures are followed as specified by the Mexican Authorities.

FILING FIRST FOR DIVORCE DOESN'T CHANGE NEW MEXICO LAW To begin, the spouse that files for Divorce first (?Petitioner?) does not receive special treatment. For instance, New Mexico law doesn't change because one side files first.

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New Mexico Joint Petition for Bifurcated Divorce