Getting A Divorce In New Mexico – Many difficulties can arise when going through a contested divorce which can make the difficult times unbearable. It is common that if the marriage is considered long-term (10 years or more), the divorce process can be more involved and sometimes have more long-term consequences than a short-term marriage. A marriage of more than ten years can often mean people with joint assets, children, businesses, stocks, grants, pensions, and joint accounts that may not be easy to divide between the two parties. Marriage is considered a complex property and financial holding. Moreover, the question of alimony (spousal support) often becomes a factor in long-term marriages. If you have children, own property, have other property or these subjects apply to your situation, it is important to have a lawyer in your case, especially one who has extensive experience in complex property law. Some cases involving particularly high-value assets may also require outside financial advisors, property appraisers, and accountants to carefully consider your combined resources. At the time before the dissolution of the marriage, the court must establish the method of dividing the assets and if Spousal support is required in certain circumstances. Low-income households typically have significant assets that may need to be divided, such as retirement accounts, cars, and homes.
With marriages lasting up to 10 years, it is common for one spouse to be financially dependent on the other at some point or indefinitely and can be used to a certain standard of living. Income inequality between spouses is very common, so New Mexico courts have a system for dealing with it, usually with the length of the marriage as a major determining factor. Sometimes high earners are able to pursue their careers because other spouses support them through school, sacrifice their own education, or support their children while they work. Once divorced, the person can no longer depend on that person for income and cannot live as Single. In these or similar cases, courts have been known to award the lower-income spouse a proportion of their joint assets or award them alimony that the higher-income spouse would have to pay. To calculate the amount of alimony that a person will be allowed, the court takes a close look at certain factors.
Getting A Divorce In New Mexico
The law that courts and lawyers generally refer to in this context is the Matrimonial Causes Act 1973 which includes this information. :
Should I Sell My Home After Divorce?
Along with the Matrimonial Causes Act 1973, lawyers and judges will follow case law. The case law says “long marriages, financially weak parties, where the situation allows, get solutions that help them to be financially stable for the rest of their lives.” With longer marriages in New Mexico, judges often try to split everything 50/50 even if one party makes more money than the other.
If you are dealing with a divorce from a marriage of less than 5 years and you do not have children with your ex-spouse, you may be under what is called a “clean settlement”. Basically, it means that both parties to the marriage can be restored to their original financial status from before the marriage. If the court decides on a clean break agreement, it means that neither party is financially responsible or indebted to the other. However, this settlement can only happen in a marriage for 5 years or less and in New Mexico, this can only happen if both parties have signed a prenup agreement.
The duration of the marriage is precisely examined to determine the distribution of real estate and other complex assets between the two parties. In New Mexico, property division is practiced a little differently than other states because it is one of the few minority states that practice community property laws. Community property law requires property and assets to be divided 50/50 between the two parties, while that separate property will allow each spouse to keep their own property. The way the judge will determine that his community property of separate property is simple. If the property was acquired during the marriage, it is considered community property and it will be divided equally. However, there are some exceptions to this rule and those exceptions can include assets received by inheritance or gift as well as assets acquired through investments or separate property funds.
There are many aspects and elements to a divorce, it is easy for something to fall by the wayside. Through the cracks and not fixed. If you have been divorced from a marriage that lasted 3 years or more, you should consider hiring a New Mexico family law attorney to take a closer look at what you are entitled to. Genus Law Group has Albuquerque and Las Cruces divorce attorneys who have extensive experience with long-term/short-term, contested, and uncontested divorces. They understand the importance of protecting your success and making sure you get the property, assets, and alimony you are entitled to. Call us today for a consultation at 1.505.317.4455 for our Albuquerque office or 1-575-215-3500 for our Las Cruces office, or chat online with a live agent about your case.
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Call us or fill out our contact form to get in touch with us today. We want to hear your story and help you move on to the next phase of your life. Divorce is never easy, but divorce with children is often a more complicated and difficult experience. This is mainly because there are many variables that need to be agreed upon when children are involved, and issues such as custody and child support can be emotional and contentious. In the end, those issues come down to what is in the best interest of the child. In New Mexico, there are uncontested divorces and uncontested divorces. The official definition of an uncontested divorce is that one party has signed the divorce papers and the other party has decided not to respond in court. In an uncontested divorce, the terms of the divorce are decided by both parties and allow the divorce to be completed by filing divorce papers and obtaining a final judgment. While an uncontested divorce is often the easier and cheaper option, it requires absolute agreement on everything. This is rarely achieved when children are involved or there is a longer marriage. A more common route is a traditional contested divorce, which is defined as one party filing for divorce and the other party challenging the terms. Because divorcing couples rarely agree on everything related to property division, child support, spousal support and child support, most divorces are contested, especially if the couple has been married for a long time or has children. Whether the divorce is being challenged or not, it is always best to have a New Mexico family law attorney on your side. This allows you to understand your rights and options so you can work through the terms and come up with an agreement that works for you and your family.
Below are some of the most common questions New Mexicans going through a divorce ask when children are involved:
Divorce in New Mexico begins when a petition for dissolution of marriage is filed in the New Mexico District Court. Once the form has been filed, proceedings will be conducted for the discovery process. The discovery process is the disclosure of assets, liabilities, and income of both parties. During this process, applications can be filed with the court for temporary support, temporary custody, or to compel the opposing party to produce discovery information. At this point, a period of negotiation occurs where both parties can submit a marital settlement agreement (MSA) through their lawyers. If they cannot agree, the judge may order facilitation of resolution (mediation) to help promote a workable agreement. Until this agreement is reached, the interim order remains in effect. So what is a temporary order?
Because divorce can be a long and difficult process, a judge may impose a temporary restraining order on both parties involved. In New Mexico, there are several different types of temporary orders. The most common types of temporary orders are as follows:
New Mexico Decree: Fill Out & Sign Online
When it comes to temporary orders, it is important to remember that they are only temporary, but they can be modified during the divorce process to become permanent. This is usually done through a mutual agreement (stipulation) but can also be done through a motion to amend filed by one of the parties. Temporary orders are meant to deal with day-to-day issues while the divorce is being processed in court or while waiting for the matter to be finalized. The purpose of an interim order is to maintain a civil stipulation between the parties for e.g. : living, caring, paying household bills, possession of property, and Spousal support. A New Mexico family law attorney can help implement and facilitate the transition when dealing with temporary and permanent orders.
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