Uncontested Divorce
I Am Offering a Reduced Cost Fee for On line Uncontested Divorces/Paternity Cases in New Mexico.
My charge for enabling me to about your Uncontested Divorce or Paternity Case on line is a fee of $279.00, plus a filing fee charge of $137.00 to the District Court.
A Paternity Case is defined as when two parents have one or more minor child(ren) without a legal marriage.
(My charge for an uncontested divorce/paternity case in my office is $500.00. This on line procedure is an opportunity to cut the fees nearly in half.)
An Uncontested Divorce is defined as when the divorcing spouses have agreed on:
- How to divide their property;
- How to divide their debts;
- How to share their responsibility for caring for their minor children (if any);
- Whether there is to be any spousal support/alimony
- The amount of child support (if any minor children), or, in the alternative, whether they agree to abide by the New Mexico Statutory Child Support Worksheet
NOTE: Even if the parties agree on a child support amount different from statutory guidelines, New Mexico state law requires that a Statutory Worksheet be included to show what guideline support is supposed to be pursuant to the statutory guidelines. (That is why you are requested to provide your income information below, even if you are agreeing on the child support.)
An uncontested paternity case involves only Items 3 and 5 above.
Utilizing this procedure will provide:
In the case of a Divorce:
- A Marital Settlement Agreement, which will be the terms of the uncontested divorce agreement terms between the two spouses; and
- A Decree of Divorce which will actually divorce the two spouses and adopt the Marital Settlement Agreement as the order of the court.
In the case of a Paternity Case:
- A Court Ordered Parenting Plan and Child Support Order
I promise a quick turnaround time with utilization of these steps.
Steps for utilizing this reduced on line fee procedure:
A. Create account
- name
- address
- city, State, zip
- telephone number(s)
- e-mail address
B. Credit card
- account number
- expiration date
- security code
- billing address
Note: Since this is somewhat of a mechanical process for enabling reduced cost access to uncontested divorces, and sometimes a case will not fit into the standard format that is produced by the questionnaire below. In the event that either the party or I have any issues, telephone or e mail access is available for resolving those individual issues.
D. Steps to complete uncontested divorce/paternity case
Note: for convenience the term "spouse" is used even for paternity cases, notwithstanding the lack of a legal marriage
- Name of Spouse initiating procedure (Spouse 1).
- Name of other Spouse (Spouse 2).
- Address of Spouse 1.
- date of birth of Spouse 1.
- Address of Spouse 2 (may be the same as Spouse 1 if the parties have not physically separated yet.
- Date of birth of Spouse 2.
If it is a Divorce
- Date of marriage.
- County and State of marriage.
- Month and year of actual physical separation, if the spouses have physically separated.
- Real property agreed to as being taken by Spouse 1
- Real property agreed to as being taken by Spouse 2
- Personal property agreed to as being taken by Spouse 1
- Personal property agreed to as being taken by Spouse 2
- Debts for which Spouse 1 will be responsible after divorce
- Debts for which Spouse 2 will be responsible after divorce
- If either or both spouses have retirement or pension benefits,
- 01. A designation of each such pension ro retirement benefit
- 02. Whether each such pension retirement benefit is a defined benefit plan (such as PERA, ERA, or UCRP) or whether it is a defined contribution plan (such as an IRA, Keogh Plan, SEP, 401(K), or 403(B))
- 03. whether or not the spouses will each keep his or her own retirement or will divide the community interest.
Note: In the event that retirement or pension benefits are going to be divided between the spouses, rather than each spouse keeping 100% of his or her own, the Divorce Decree and Marital Settlement Agreement envisioned by this on line procedure will not be sufficient to divide retirement /pension benefits. An additional order called a qualified domestic relations order will be necessary, which will be an additional cost, to be discussed between the parties and me.
If there are minor children in either a Divorce or Paternity Case:
- Are the spouses both parents of the same minor children.
- If the spouses are both parents of the same minor children, names and birth dates of all of the minor children of both parties.
- Days and hours that each parent will be responsible for the children, or a statement that the spouses choose to have no set hours and will work the days and hours out between them ad hoc. (This latter method is not recommended unless the spouses have good interaction and communication.)
- Holiday splitting or alternating agreements, if any.
- Vacations with the children agreements, if any.
- Parents' and children's birthday splitting or alternating agreements, if any.
- Religion of the children that the spouses which to keep.
- Doctors and dentists of the children that the spouses which to keep.
- School of the children that the spouses which to keep.
- Activities of the children that the spouses which to keep.
- Distance between the spouses' homes (if already separated)
- Methods for resolving parenting issue disputes (e.g., mediation, family therapist, discussion between the parties it is suggested that court be only an ultimate last resort)
- Actual or agreed income for both parents. (If income is variable for either parent, the average is generally the appropriate figure.)
- Average monthly amounts paid for either or both parties' work related child care or day care.
- Average monthly amounts paid for agreed upon extra expenses for the children, including but not limited to school tuition and activity expenses.
- Monthly amounts paid for health insurance which covers the child(ren). This can be arrived at by:
- Either taking the total insurance premium and subtracting the amount paid for the parent individually,
- Or by taking the total monthly premium, dividing it by the total number of persons covered by the insurance (after divorce) and multiplying it by the number of minor children of whom both parties are the parents)
Providing me with the insurance premium figures will enable me to calculate that Statutory Worksheet Child Support
- Whether or not the parties agree to start the child support as of the present time or whether or not there will be months of back support and how many such months.