New Mexico Sample Letter regarding Final Judgment of Divorce
Description
How to fill out Sample Letter Regarding Final Judgment Of Divorce?
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FAQ
Form 4A-104 NMRA may be used to respond to the divorce petition. The response must be filed with the court and a copy mailed to the petitioner within thirty (30) days after the summons packet was served on the respondent.
If you are the Petitioner AND more than thirty (30) days have passed since you served the Respondent with the Petition AND the Respondent has failed to file a Response or to otherwise respond to the Petition, you may be granted a divorce without the agreement of the Respondent. This is called a default judgment.
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.?
Aside from the personal and emotional fallout from ending your relationship, couples have to deal with the actual logistics of splitting their lives and ending their marriage. In New Mexico, this can generally be done in two ways: Uncontested Divorce and Contested Divorce.
Where can I obtain marriage licenses & divorce decrees? Copies of marriage licenses are available from the county clerk of the county where the marriage license was issued. Copies of divorce decrees are available from the district court where the court order was filed.
If you don't file a response to divorce papers, your spouse can request a default. This means asking the court to decide the case without your input. In a default divorce, the court makes the final decisions based on the information from your spouse, and what the law says, without hearing your side.
Completing a divorce, from the time a petition is first filed to the finalization of the divorce, takes an average of 180 days in New Mexico. That timespan includes the 30 day minimum waiting period required in between the petition and the hearing for the dissolution of the marriage.
A default divorce is declared primarily when one party does not respond in the allotted time or fails to appear in court. To be specific it is not the divorce that goes into default, it is the non-responding party that is in default.
