For most people, interacting with lawyers is outside of their normal everyday experience. For many New Mexico residents, talking to a family law attorney about a divorce or child custody issue is the first time in their lives that they’ll be consulting with a lawyer on a professional level. Family lawyers in Albuquerque are aware of the reticence that many of their clients have with speaking about personal matters with an attorney, but in most cases, a lawyer can be a great source of comfort during an emotionally traumatic time.
Why You Need a Family Law Attorney
New Mexico has a moderate divorce rate when compared to other states, but that doesn’t mean that divorce is an uncommon occurrence. Divorced individuals make up approximately 12.9% of the state’s total population. In many of these cases, the couples had no children, and because they had only been married a short amount of time, very few common assets. But most divorces are more complicated and it’s important for both parties to know their legal rights to avoid conflict and bitterness down the road. With this in mind, we’ve compiled a few situations where a divorce attorney is essential
5 Times When You Should Hire a Family Law Attorney
When You’re Getting a Divorce
New Mexico allows for divorces on the grounds of incompatibility. This is the same as a no-fault divorce in other states. In order to file for a divorce based on incompatibility, either the petitioner or the respondent must have resided in New Mexico for a period of six months. Even though the grounds for divorce may be uncomplicated, there may be other issues that necessitate the involvement of an attorney. For instance, while New Mexico is a community property state, which means that assets (and liabilities) acquired during the marriage are evenly divided between the divorcing spouses, there are often mitigating factors to property division.
When You Want Custody of Your Children
Custody in New Mexico may be awarded to one or both parents. The family courts around Albuquerque and other jurisdictions favor parenting plans that are in the best interest of the child. If you are a parent seeking shared or sole custody, you’ll need an attorney who is familiar with New Mexico’s child custody laws.
When You’re Seeking Child Support
The factors affecting the payment of child support in New Mexico are as follows:
- The number of children involved
- The pretax earnings of both parents
- Healthcare premiums that are paid on behalf of the children
- Any childcare costs that are related to work (daycare, aftercare, et cetera)
- The amount of time the children spend each parent
A family lawyer can assist you in getting full remuneration for your child-related expenses and can assist you in getting the other parent’s wages garnished in the event of non payment.
When You’re Seeking Alimony
There are three types of alimony in New Mexico: long-term, transitional, and rehabilitative.
Long-term
This is ongoing alimony payments that is usually awarded when the marriage has lasted 20 years or longer.
Transitional
This is a temporary spousal award to assist the receiving spouse in transitioning from married to single life. It’s rare that this form of alimony is awarded for a period of more than 24 months.
Rehabilitative
This type of alimony is designed to help the receiving spouse learn a new skill or continue their education so that they can re-enter the workforce.
Your attorney can assist you with alimony calculations and help you pursue it via the New Mexico family courts.
When You Own a Business
Many business owners seek the advice of a family law attorney when they are entering a marriage. A prenuptial agreement, signed by both parties before the marriage, can protect business interests in the event of a divorce. Many business partnerships require their principals to sign a prenuptial agreement prior to marrying.
