If you have decided to apply for divorce, you are probably looking for the best way to avoid the fuss and additional expenses during this process. You are likely to consider different options, including with the help of a lawyer or by yourself.
This article will compare two prospects of ending the marriage — online divorce services and attorneys. As a result, you’ll be able to make a well-informed decision regarding your divorce case in New Mexico.
Divorce Law Basics in New Mexico
Divorce, also known as dissolution of marriage, is a procedure people initiate to end their marriage legally. Considering that laws regulating this process vary from state to state, you should learn the main details of the divorce in New Mexico.
Residency Requirements
To be eligible to file for divorce in New Mexico, either you or your partner must have lived in the state for at least six months and have a “domicile” there.
If you fail to meet this requirement, your petition will be dismissed.
Grounds for Divorce
Currently, residents of New Mexico have the opportunity to file for both no-fault and fault-based marriage termination. With no-fault divorce cases, people are not required to establish who was to blame for causing the marriage breakdown. It is enough to testify that there is no hope of reconciliation, and neither party intends to repair the marriage. In this case, the divorce is usually based on “incompatibility” or “irreconcilable differences.”
Besides, people filing for divorce in this state can include three “fault-based” grounds for dissolution of marriage in their petition. These grounds are as follows:
- Adultery
- Abandonment
- Inhuman and cruel treatment
The Difference Between Uncontested & Contested Divorce
The complexity of the divorce process mainly depends on your ability to find common ground with a partner regarding divorce-related issues.
If you manage to reach a mutual agreement regarding child custody, spousal support, division of marital assets, and so on, you can apply for an uncontested divorce. It is considered the best route, as it is way cheaper and faster than traditional marriage termination.
In contrast, if you disagree on at least one aspect of marriage dissolution, you’ll have to go through a contested divorce. This way of ending marriage requires a vast amount of financial resources and time, as you’ll need to hire an attorney to provide legal advice and protect your interests in court.
Benefits of Online Divorce?
Before applying for an online divorce, it is crucial to understand what hides behind this term. In fact, the dissolution of marriage cannot be granted over the Internet, as only a court judge can sign a divorce decree. Online divorce is a process of generating all the required divorce forms inexpensively via the Internet.
However, spouses should meet one critical requirement to qualify for online divorce. Their case must be uncontested.
Today, there are various online marriage termination companies offering assistance in the context of divorce papers preparation. The main benefits of cooperation with these providers are as follows:
Affordability
Even though the costs vary from company to company, the average price of forms preparation is $200-500. In contrast, considering that lawyers provide services based on hourly payments ($200-$250/hour), they typically charge several thousand dollars for generating forms that comply with local laws and requirements.
Saved Time
Online divorce companies can help you generate court-approved documents in a couple of business days, while attorneys need at least one week to complete the same task.
Convenience
With online providers, you have the opportunity to prepare divorce papers from any place, at any time of the day or night. At the same time, if you hire a lawyer, you’ll need to arrange and attend multiple meetings to discuss your case details.
Control
From a psychological perspective, online divorce offers more control over the whole process of ending a marriage than lawyer’s services. The thing is, using online services, you have control over filling out papers and can choose a suitable time to do it. When it comes to an attorney, you’ll have to adjust to their schedule.
Reasons to Hire an Attorney
Although online divorce has become a trendy alternative to hiring an attorney, there are cases when it is better to cooperate with professionals specializing in family law. The primary benefits of this option are listed below.
It is a Perfect Solution for Contested Divorce Cases
Online providers do not process contested divorce cases, as spouses facing disputes over divorce-related issues should have lawyers representing their interests in court. In this case, make sure to hire a highly professional attorney who will meet your expectations regarding the terms of marriage termination.
Low Possibility of a Mistake
During an online divorce, you are fully responsible for the correctness of the provided information. In other words, if the information you enter when filling out the divorce questionnaire is not correct, your forms may be rejected.
At the same time, if you hire a lawyer, this person will double-check the obtained information to ensure the papers are completed correctly.
Access to Legal Expertise
Unlike online providers, lawyers are allowed to consult people on various aspects of divorce. Simply put, if you have poor legal knowledge, you can hire an attorney who will enable you to make the right decisions.
Considering that family law differs widely from one state to another, hiring an attorney can be viewed as a great way to avoid delays and extra payments.
However, be prepared that hiring a lawyer will increase the cost of your divorce significantly.
Conclusion
Whether you use online divorce services or hire an attorney, you can successfully get divorced in New Mexico. However, each option has specific benefits to consider in advance. For example, getting a divorce with online providers is more suitable for uncontested cases. At the same time, hiring an attorney is a perfect way to go through a contested divorce.
