You cannot go without a license plate until you get divorced, and then only in your case. It is important to understand that in New Mexico it is necessary to submit an official complaint that you want to get divorced. When you want to file for divorce in NM, you must submit certain documents and provide certain information to the court. If your grounds are serious enough to require you to go to court, then you should file for divorce in NM with the help of your county clerk.
If serious allegations of abuse and ill-treatment are made by both parties, then the judge will decide to either party or neither. The decision will be announced by the court.
After the decision is announced, you will need to wait for 60 days. After that, your spouse will need to appear in court and submit an Answer. In New Mexico, custody schedules are usually announced in advance. If you are required to attend court, you will need to notify your spouse by phone or in person by 8:30 am PT on two separate occasions. After all of the documents are successfully filed, your spouse will need to attend the hearing with your partner. After the entire process is finalized by the judge, your spouse will be considered legally separated and the divorce is granted.
New Mexico divorce laws: Adultery
Many people associate divorce with bureaucracy, a long and complicated court procedure and trial. Even those couples who have already found a compromise on all the matters and clarified their intentions to get divorced, still face lots of New Mexico divorce regulations. These regulations regulate various aspects of the divorce process, such as:
The duration of the marriage;
The spouses health insurance status;
The division of property;
The pre- and post-nuptial visits of both spouses;
Prescribed attorneys fees;
Extra protections for minors;
No-fault grounds for divorce;
Financial and property limits;
No-fault abandonment charges;
Many other requirements and limitations on rights and responsibilities.
In general, there are many regulations and policies to manage your divorce in NM. You should keep in mind that your actions during the divorce process will predetermine your post-divorce life. Therefore, you should care to protect your personal information and make sure that nothing can spoil it.
Current divorce laws in New Mexico allow uncontested divorce, which means that the spouses do not have to swear an affidavit of marriage beginning to divorce. Instead, they just indicate that they do not wish to undergo any trial and want to arrange all matters in a peaceful manner. The procedure is also known as amicable. It is possible to file for an uncontested divorce if the spouses do not have minor children and have agreed on all the conditions. In this case, you must prove that your marriage is irreversibly damaged and there is no chance for you to remain in a committed relationship.
Current laws in New Mexico allow petitioners for divorce to seek an unconditional settlement of all their matters. This option is also known as a no-fault dissolution of marriage. The grounds for such a settlement can be no-fault or fault-based. The former situation requires the spouses to fault-base their decision to get divorced; the latter option is more likely a result of a divorce process that goes beyond the ability of either spouse to control the other side.
The petitioner must prove that his or her spouse has been living in the state for at least half a year before filing for divorce. If the spouses have been living in the state for no more than a year, their petition will not be accepted by the court. The fault-base divorce option is most common among couples with children. However, if you have children, the process will be stronger. Therefore, if this option works, it is possible to file for divorce in NM without a parenting plan. The latter requires the spouses to fault-base their decision to get divorced because of:
The lack of a will to live together;
The infidelity of one of the spouses;
Conviction of a felony;
The respondent has been residing in the state for at least half a year before the complaint is filed.
If the couple has children, the petitioner must prove that the couple has been living apart for at least three months. The remaining conditions are compatible only with one another.
For the petitioner to qualify for filing for divorce in New Mexico, he or she must:
Be living in the state for at least half a year before initiating the process;
Have no pregnancy problems;
Have no substance addiction problems;
Reach consent about all financial matters immediately after the petitioner becomes a resident of the state.
The petitioner must also:
Provide the state with the proof that the petitioner is not married in the state;
Provide the proof that the petitioner is not a resident of NM;
Have no criminal convictions in New Mexico state;
Have no verified mental health diagnosis.