New Mexico is a “no fault” state, meaning the person seeking a divorce does not have to prove his or her spouse committed certain kinds of “bad behavior” in order to end the marriage. The notion of “contesting” a court case means one side says the other side did something wrong, and the other side challenges or “contests” the case, usually denying he or she did the bad behavior, and requires the person asking the Court to rule a certain way to prove he or she is entitled to the relief requested.
All divorces granted on the grounds of “incompatibility” are technically uncontested divorces because both sides agree that they are, in fact, no longer compatible. Think about it. If you can’t agree whether you are or are not compatible, you are in fact incompatible.
A true uncontested divorce is one where both spouses have reached agreement on all issues of dividing property and debt, alimony, and the children (custody, visitation and child support). In those situations, it’s a matter of preparing the appropriate court pleadings, submitting them to the judge to review and approve, and then getting the Final Decree of Dissolution of Marriage issued – all of which can be done without ever appearing in court or seeing the judge face to face.