Law Offices of Lynda Latta

About Divorce

Divorce is a legal decree that a marriage no longer exists. The process of divorce involves the division of property and the needs of the children. New Mexico offers only a no fault divorce. This simply means that no one is assigned blame. Therefore the division of property is not influenced by one party's perceived fault. Ninety-five percent of the property issues in divorces are not decided in a court. Usually both parties and their respective lawyers work things out.

Annulment

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. Other common reasons are bigamy, incest or duress. Anyone who marries before the age of consent can have their marriage annulled. Most people do not get annulments unless they have some legal, financial or religious reason to avoid a divorce.

Uncontested Divorce

The 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 stocks, bonds, retirement funds and cash deposits. The couple decides who will be the primary caregiver to the children and the visitation schedule which includes consideration of holidays, birthdays and school vacation. Child support might be worked out, but that is usually determined by child support guidelines. If there is to be any spousal support, that will have to be agreed upon. Most uncontested divorces are settled by a give and take process involving the couple and their respective lawyers.

Contested Divorce

The contested divorce usually comes about when there is substantial property or assets and a feeling by one or the other that they deserve more. How these marital properties are divided depends upon the state in which you live. In New Mexico, for example, the state holds that all property and debt is to be divided equally. Any property that is properly excluded in a premarital agreement will escape that equal division.

How Long Does A Divorce Take?

A divorce can take anywhere from a few days to many months. It all depends upon your state's laws. Unless there is reason to pursue an emergency divorce, anyone getting one faces many issues that must be resolved before a divorce can be granted. This includes who gets what, the house, the money, stocks and bonds and retirement funds. Alimony and spousal support must be agreed upon and child custody must be settled. Who will be the primary caregiver, who will receive the tax deduction and visitation rights, all must be decided. A hasty divorce will probably cause many regrets. Once the divorce is final, it will be difficult to change the agreement. So, no matter your state's waiting period, be sure to take your time and consult with your attorney carefully.

Common Law Marriages

Common law marriages are not recognized in the State of New Mexico. In some states, certain conditions must be fulfilled, chief of which is that the couple must hold themselves out to be married. The origin of the common law marriage is the frontier where the state's blessing may have been many days ride from the couple. The law had held that anyone who lived together for a certain time, had sexual intercourse and held themselves out to be married were in fact married. If a couple holds themselves out to be married in a common law state, and then moves to a non-common law state, most states will recognize the common law marriage as legal. New Mexico will recognize a common law marriage from another state. The couple in a common law marriage are held to the same standards as other married couples and must go through the same divorce proceedings to dissolve a marriage.