Reviewing Divorce Grounds With A Family Lawyer In Albuquerque, NM

by | Aug 17, 2015 | Lawyers

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New Mexico divorce petitioners must ensure that the state has jurisdiction over the case. To establish jurisdiction, the petitioner must be a resident for six months. They must fulfill this residency requirement before filing a petition. Any military personnel stationed at any base in the state fulfill this requirement.

Identifying the Divorce Grounds

All divorce petitions must state a ground or reason. The grounds are a fault or no-fault concepts. No-fault divorces must list incompatibility. The petitioner and the defendant sign an affidavit testifying to this ground.

Fault-based grounds include adultery, cruel treatment, and abandonment. Under New Mexico law, evidence is entered to substantiate these claims. A failure to provide clear evidence results in a dismissal. To begin a divorce complaint, contact a Family Lawyer Albuquerque NM now.

Substantiating the Grounds

Cruel and inhuman treatment equates to abuse or domestic violence. Previous reports of these actions are evidence. An order of protection secured by the petitioner substantiates these claims. However, if the petitioner continued to live with their abuser, the court could dismiss the case.

Adultery is proven by video surveillance and audio recordings. The petitioner needs a private investigator for these items. The findings of the investigator are admissible in court. The phone records and electronic messages between the parties also provide evidence of a relationship. For help with cultivating admissible evidence contact The Carter & Valle Law Firm in Albuquerque NM today.

Abandonment indicates that the spouse left without warning or explanation. Notifications in the newspaper seeking the whereabouts of the spouse are evidence. Any efforts indicating that the spouse refuses to maintain the marriage are viable. The couple should live apart for two years for these grounds.

A Family Lawyer Albuquerque NM represents a divorce petitioner in these matters. They help the petition to present evidence to support their claims. In fault-based divorces, they help to negotiate a settlement to dissolve the divorce without a trial. However, when a trial is needed they prepare a case to acquire marital property and child custody. To learn more about these proceedings, contact The Carter & Valle Law Firm in Albuquerque NM or click here for further instruction.


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