When residents of New Mexico are going through a divorce, there are two potential categories it could fall under: contested and uncontested. The circumstances of the marriage and what led to the divorce itself usually help determine which it may fall under.
The Legal Dictionary takes a look at uncontested divorces. In these cases, both parties are in agreement that a divorce is in their best interest. However, they must also be able to deal with their own matters rather than relying on a divorce court or judge to decide things for them. This includes child custody, spousal support, property division, and more. Therefore, while this option can ultimately save couples a lot of time and money, it is also a situation that can be somewhat rare to come by.
Contested divorces, as FindLaw describes, are much more common among people seeking a divorce. While two people may both mutually decide a divorce is the answer, they might be unable to come to a joint decision on who should get what, whether they should have primary or joint custody of children, how much spousal support should be, and so on. In some cases, a couple cannot even agree on splitting up in the first place, though this occurs less frequently than couples simply disagreeing on the terms.
Regardless of whether or not the court intervenes, having a legal professional can help make the process run much more smoothly. Having an attorney to consult when making decisions can make the process much easier.