Frequently Asked Questions

In New Mexico, you can get a divorce on the grounds of incompatibility (a no-fault divorce) or on the grounds of fault (adultery, abandonment, or cruel or inhuman treatment).  However,…

Having to move to another state is sometimes an unavoidable factor of life. When you are a divorced parent with children who spend the majority of their time under your…

Like many legal matters, divorce has the potential to be expensive, especially when factors like fault, child support, and alimony come into play. While some couples proceed through the divorce…

In New Mexico, biological grandparents and adoptive grandparents (i.e. the parents of adoptive parents) have a legal right to request visitation and have visitation schedules entered as part of the…

In New Mexico, divorce is legally recognized as the “dissolution of marriage.” When a marriage dissolves, financial implications must be settled before completing the process. Depending on your circumstances, you…

Yes. In a collaborative divorce, you and your spouse will work together to resolve all marriage issues, including asset and debt division, child custody, child support, and spousal support, without…

Divorce proceedings are mostly handled based on state laws, but in some cases, military service may slow down the divorce process. You can file for divorce in New Mexico if…

New Mexico requires that you or your spouse have lived in and maintained a “domicile” in the state for six months before filing a divorce petition in the county where…

During a divorce, many parents feel as if they are the only person capable of being responsible for their children. Acting on this notion, they will request to receive sole…

Domestic abuse is tragically all-too-common in the state of New Mexico and across the country. According to the non-profit S.A.F.E. House, 17,757 domestic violence-related incidents were reported in New Mexico…

First, you should sit with a New Mexico family law attorney and discuss your reasons for seeking sole custody. Many people have valid reasons for doing so, but the New…

It’s not uncommon for spouses to separate into different households without legally ending their marriage. When that happens, there may come a time when one of the partners wishes to…

In 2013, the New Mexico Supreme Court ruled that same-sex couples have the right to get married in New Mexico. In that regard, same-sex divorce in New Mexico operates along…

The purpose of discovery in a New Mexico divorce is to reveal all assets and debts so the spouses can distribute them fairly. New Mexico is a community property state,…

Once a divorce is finalized, the agreements between the two parties are issued as part of a collective divorce decree. This divorce decree will contain court orders pertaining to the…

A collaborative divorce is considered a way for spouses to amicably set the terms of their divorce without litigating it in the court system. Many couples choose collaborative divorce because…

The information you provide publicly can be used as a form of evidence during nearly any hearing, so long as it is deemed relevant and legally procured. Social media posts,…

Marital infidelity can be devastating to someone’s mental health and, potentially, their overall outlook on the world. When two people enter the bond of marriage, they pledge to be faithful…

Filing for a no-fault divorce in New Mexico can be relatively quick, cheap, and painless. These types of straightforward divorces involve a couple in agreement over all aspects of the…

When considering divorce, you may have many concerns, including the impact on your finances. New Mexico is a community property state which means that most of the time, a family…

No matter what the circumstances are, divorce is a traumatic experience for children of all ages. Children of families going through a divorce may feel like their sense of stability…

In New Mexico, spousal support, also known as alimony, must be requested by one of the spouses during the process of dissolution of marriage. The court will consider the merits…

Child custody is often one of the biggest concerns when seeking a divorce. Couples can work out a parenting plan, which includes how custody and visitation will work, on their…

Of all the financial obligations someone might have, child support is one of the “stickiest” in terms of how strictly it’s enforced. Anyone who decides to not stay current on…

In the state of New Mexico, assets belonging to a married person are considered to be community property, including most businesses whose proceeds “pass through” the finances of one or…

A marital settlement agreement contains the conditions of a divorce, as agreed upon by both spouses. Both parties should read the agreement carefully, discuss it with their respective attorneys, and…

Children may exhibit unexpected behaviors in response to trauma felt during a divorce. Sometimes, the child may avoid a parent, make constant critical remarks about that parent, and avoid any…

New Mexico is a community property state, which effectively means that nearly any and all property acquired during the marriage by either spouse is co-owned by both spouses. The only…

If you are in a position where you are seeking to end a marriage, it is essential to understand the applicable laws and what is best for your situation. A…

The concepts of divorce and legal separation can differ greatly from state to state. In New Mexico, a “legal separation” is almost completely indistinct from a divorce, which is called…

Like most other states, New Mexico provides legal distinctions for what kinds of parental rights a parent will preserve following a finalized divorce. These legal rights can be separated into…

According to our modern sensibilities, the romance of marriage is supposed to feel like you’re being swept up in a whirlwind of good feelings and rosy impressions of the future….

Signing a postnuptial agreement can be a smart move for a couple under a broad range of circumstances. Postnuptial agreements are sometimes viewed as a consequence of some sort of…

For most families, divorce is a measure of last resort. Many couples filing for divorce often do so after spending significant amounts of time and money trying to save their…

When someone creates an estate plan, they can designate the individual they wish to serve as their estate’s personal representative. This individual can then petition the probate court to be…

Proper estate planning should be exhaustive, but that doesn’t have to make it exhausting. The key is to start early and approach each task one by one. Over time, you…

New Mexico allows for a fairly flexible definition of “last will and testament.” Any adult individual can create a document discussing how their estate will be handled following their death,…

People often have questions about the difference between power of attorney and guardianship. Their confusion is understandable because the two designations are nearly identical! The biggest difference between the two…