If you’re considering getting divorced in Albuquerque, New Mexico, it is important to enter the process with as much information as possible. However, divorce is a complicated legal matter, and the New Mexico State Judiciary recommends that individuals consider speaking to a family law attorney before trying to represent themselves.
A lawyer can keep you updated on your legal rights and make sure that you are protected as you move forward with your divorce.
If you’re considering filing for divorce in New Mexico, you must meet residency requirements. In order for your divorce to be finalized, the court must have jurisdiction over your case. To file for divorce in New Mexico, you must have been a resident of the state for at least 6 months before filing.
If you meet the requirements to file for divorce in New Mexico, you’ll need to consider the grounds for your divorce.
Your divorce can either be a “no fault” divorce based simply on incompatibility between you and your former spouse, or it can be a “fault” divorce. Fault divorces usually involve either cruel treatment, adultery, or abandonment. While many divorces will be filed as “no fault” there are definitely occasions where filing for a “fault” divorce can be beneficial—particularly if you anticipate an alimony, child custody, or financial battle.
Any debts or property you acquired during the marriage is considered “community property.” Property or wealth acquired during the marriage is divided 50-50 during the marriage. Disputes arise when it is unclear when the property or debt was acquired or if one spouse disputes that the wealth was acquired during the marriage.
One of the most emotionally challenging questions that must be answered in a divorce are those involving child custody. Child custody is determined in New Mexico based on the child’s best interests, the child’s relationship with his or her parents, and the living situation the child is accustomed to. In most cases, parents are awarded joint legal custody with one parent receiving sole physical custody. However, in instances of domestic violence, these arrangements may vary.
If you’re getting divorced, you need a family law attorney fighting for your rights. Zachary Law Group offers their clients the personal attention and care they deserve so that they can move forward with their lives.