Divorce is a legal process that dissolves a marriage. This process involves the division of property and debts, spousal support and custody, timesharing/visitation, and child support. New Mexico is a no fault state, meaning it is not necessary to prove anyone was to blame for the divorce. Most of the issues in divorces are not decided in court as the parties and their respective lawyers work out a settlement.
As you deal with the financial and emotional difficulties of divorce, you may feel overwhelmed. But you don’t have to. Seek support from our divorce attorneys. Our attorneys offer the advice and expertise you need to abandon vulnerability. With our help, you’ll have the opportunity to make informed decisions regarding your divorce proceedings.
Legal separation is similar to a divorce in that assets and debts are divided. Custody, time-sharing, and support are also determined. However, a legal separation does not terminate your marriage. An individual may wish to seek a legal separation for religious or other personal reasons.
An annulment is a legal procedure that causes a marriage to be as if it had never existed. The most common reason that a marriage is annulled is fraud. This usually means a failure to disclose some important fact to the spouse like a communicable disease, an inability to have children, a previous divorce, or a criminal past. Anyone who marries before the age of consent can have his or her marriage annulled.
An uncontested divorce is one in which both parties have come to an agreement about how the divorce will be settled. All property is divided among the two, including real estate, household goods and furniture, vehicles, stocks, bonds, retirement funds, cash deposits as well as debts. The couple decides upon a custody and timesharing schedule, which includes consideration of holidays, birthdays, and school vacations. Child support is determined by child support guidelines. Spousal support, if any, will be addressed. Most uncontested divorces are settled quickly in negotiations involving the couple and their respective lawyers.
When the parties have vastly different perceptions of how the community estate should be divided and issues surrounding spousal support and the children, the divorce is contested. In New Mexico, all property and debt from date of marriage to date of divorce is presumed to be community property and community debt. Community property and debt are to be divided equally, i.e. 50/50. However, there can still be disagreement as to who gets what assets/debts as well as possible allegations of separate claims to the assets. A prenuptial agreement may affect property and debt division if it is held to be valid.
All divorces come with their own difficulties. Whether your divorce is contested or uncontested, you will notice great advantages from hiring a qualified attorney. Add expertise to your side by calling our full-service family law firm today.
Mediation is an alternative to going to court to ask a judge to resolve issues between two parties. Mediation includes two parties who come together to discuss their issues and try to resolve them in good faith with the help of an experienced attorney. A mediator can be used to mediate the terms of a divorce or issues concerning custody, timesharing, child support, spousal support, property division, debt division, or a pre-nuptial agreement. Mediation is much more cost effective for parties since it involves the parties splitting the cost of the mediator’s time, usually consisting of hours or a few days, to resolve their issues instead of asking for court involvement that can be expensive and require months or years of litigation.
Same-Sex Marriage and Divorce
As of December 19, 2013, New Mexico performs and recognizes same-sex marriages. Like heterosexual couples, same-sex couples may decide that divorce is necessary. The Law Offices of Lynda Latta is knowledgeable in the area of same-sex divorce and is here to help members of the LGBT community.
Common Law Marriages
Although New Mexico does not have common law marriage, they will recognize a common law marriage from another state. The couples in a common law marriage are held to the same standards as other married couples and must go through the same proceedings to dissolve a marriage.
Move Forward with the Proceedings Today
When you give our office a call, you’ll receive immediate support. And the sooner you contact us, the sooner you’ll be able to move beyond this phase and on with your life. We’d love to help. For a free telephone consultation, simply call us at (505) 842-5924.