New Mexico divorce petitioners are required to select a divorce ground for their case. The selected reason could produce a contested divorce in some instances. If it is fault-based, the petitioner is required to provide evidence or acquire a sworn statement from the defendant accepting responsibility for these grounds. A Family Lawyer In Albuquerque NM helps petitioners evaluate each option and their requirements.
What is the No-Fault Divorce Ground?
Incompatibility is the only no-fault grounds chosen for New Mexico divorce cases. It indicates that no one was to blame for the end of the marriage. It doesn’t affect the terms of a prenuptial agreement in most cases. However, if infidelity provides leverage with these agreements, the petitioner should choose their divorce grounds accordingly.
What Fault-Based Grounds are Available?
Inhumane treatment or abuse is any form of abuse or violent behavior. This ground could include unlawful imprisonment, domestic violence, and sexual assault. The petitioner must provide evidence to show how the defendant’s actions led to the end of the marriage. Police report showing formal charges or allegations are used in these cases. Medical records that show physical or sexual abuse are also key evidence.
Infidelity as a Divorce Ground
Any romantic or sexual relationship that occurred with any individual who isn’t the spouse identifies infidelity. The petitioner should secure evidence through surveillance or private investigations. This documentation is admissible in a divorce case. It could include photographs and written communications as well.
How Abandonment Affects the Case
Abandonment that occurred, at least, one year prior to the petition supports this claim. The petitioner could use this ground if they aren’t aware of their spouse’s location. In these instances, they must notify their spouse via publication of the divorce proceedings.
New Mexico divorce petitioners must choose a divorce ground that describes the breakdown of their marriage. The grounds require specific evidence if they are fault-based. The petitioner must acquire evidence only when the defendant contests the divorce based on the grounds. Petitioners who need to file a fault-based divorce motion should contact a Family Lawyer Albuquerque NM through The Carter & Valle Law Firm or visit a website for further details.
