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NEW MEXICO FAMILY LAW FAQS

There are many questions people have when they are facing problems within their family. Based on our experience helping New Mexico residents with a range of family law issues, there are certain questions that regularly come up. Sometimes they are seeking basic information in order to decide the best course of action or they want to know what will happen if they attempt to solve a problem with the assistance of an attorney. Since the situation within every family is unique, we advise seeking additional information from one of our experienced family law attorneys.

What are the Grounds for Divorce in New Mexico?

Divorce in New Mexico will be granted if any of the following occurred during the marriage:

  • Incompatibility between the spouses
  • Abandonment
  • Adultery
  • Cruel and inhumane treatment

How Do I Start Divorce Proceedings?

You can start divorce proceedings by filing a divorce petition in a court situated in the same county where you or your spouse resides. It is advisable to speak with a divorce attorney prior to filing a divorce petition to confirm that you fulfill the residency requirements and to ensure the district courts in New Mexico have jurisdiction over the case.

Will I Receive any Alimony or Spousal Support?

Either spouse is eligible to receive alimony or spousal support based on their respective circumstances. The court considers the lifestyle during the marriage, the current and future earnings of both parties, the earning potential of a spouse who may temporarily need spousal support, efforts made to become financially independent, and other factors that are relevant to the case.

How Will the Property be Divided During the Divorce?

During a divorce, each party is allowed to keep any separate property they acquired before the marriage and after a legal separation. Any property received as a gift, an inheritance, or that is specifically designated as separate property during the marriage will remain in full possession of the respective owner. The court will divide any community property obtained during the marriage in an equitable and just manner.

How is Child Custody Determined?

In New Mexico, it is believed that the best interests of the parents and child are served if there is joint custody. Parents have the option of reaching a mutual agreement regarding child custody independent of the court. If the parents are having difficulty coming to an agreement, then participating in mediation is another way to reach a resolution.

Contact New Mexico Legal Group Today

If you need legal assistance regarding a family matter, contact us at (505)843-7303. You can also reach us by filling out the case evaluation form provided on the homepage of the website. We provide consultations to people throughout New Mexico. We will use our 60 years of experience and family law knowledge to help you effectively resolve any problems you have.

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