What Does the Judge Do in an Uncontested Divorce in New Mexico?

by Wayne Thomas
NM judges ensure that uncontested divorce agreements are fair.

NM judges ensure that uncontested divorce agreements are fair.

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Divorces are often portrayed as highly contentious. However, in New Mexico, when a couple can agree on the major divorce issues, including those related to property, spousal support and custody, the case is referred as "uncontested," which typically proceeds faster than a standard divorce. In uncontested divorces, the judge ensures that the couple's agreement is fair and complies with state law.

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Judge's Role

Courts in New Mexico generally prefer agreements reached by divorcing couples as opposed to resolving these matters through trial. To that end, judges are actively involved in making sure that there are truly no areas of dispute between parties to an uncontested divorce. In addition, a judge must review the contents of written agreements reached by the couple to verify that the settlement is not unfair to either spouse. If you have children, state law requires judges to confirm that your custody agreement furthers the best interest of your children. The marriage is not considered to be terminated until the judge issues a divorce decree.