Divorce Law in Las Cruces, NM
Divorce law refers to the legal termination of a marriage and often involves working through several complicated issues.
Are you facing a costly divorce in Las Cruces, New Mexico? Does your estranged spouse have an attorney? Usually, couples going through a divorce are unable to compromise on most items and reach an agreement on their own. Thus, many couples go through mediation or the court system to resolve their case.
Issues Involved in Las Cruces, New Mexico Divorce Law
There are many complicated issues that you need to settle during the divorce process. Many of these elicit strong emotions from one party or the other, resulting in volatility.
Dividing Property
One of the most challenging issues in the divorce law process is dividing property, debts and assets. In many states, like New Mexico, anything you and your spouse purchased over your marriage is subject to division. This includes things such as real estate, bank accounts, cars, stocks, etc. Some states split marital property evenly, while others go along an equitable split. In the latter, the judge weighs the contribution each spouse made to the marriage and uses that information to decide the disposition of property, which may not equate to a perfect 50/50 division of your property, debt, and other assets.
Child Support
Both parents are responsible for paying for the care of their children. There is a child support guideline that helps determine how much each parent should contribute based on their income and the amount of time they spend with the children. Child support pays for things such as healthcare, food, clothing, and other basic needs.
There is a child support calculator that allows Las Cruces residents to tabulate their monthly child support payments. It is important to stay up to date with these payments as they are not only your responsibility but are also ordered by the court. Delinquency in payment can lead to fines, harm to your credit score, and even jail time in extreme cases.
Alimony
Alimony, or spousal support, can vary dramatically depending on the marriage, and Las Cruces, NM divorce law court looks at multiple factors when determining the amount and length of alimony, including:
- A spouse’s need and the other spouse’s ability to pay
- The age and health of each spouse
- The length of the marriage
- Each spouse’s earning capacity and level of education
- The division of property
- Parental responsibility of the children
- Sole investments and assets of either spouse
According to the Marital Laws of New Mexico, the state will compensate spouses through 3 types of alimony. Transitional and Rehabilitative alimony are short-term help ordered by the court. However, the court may also grant permanent alimony if a spouse is unable to maintain a certain standard of living.
Child Custody and Visitation
Child custody is perhaps the most emotional issue during a divorce that involves children. The most important thing to keep in mind is that the court bases all decisions on what is in the best interest of the child. Keeping this in mind may help navigate the rough waters of custody.
The New Mexico Legislature has stated that the best interests of the child are paramount to every decision in a divorce case. The court examines the financial and emotional fitness of the spouses, as well as the time allotted to the child. If s minor is 14 years old or older, the court will generally allow the child to choose with whom they want to live.
Generally, Las Cruces, New Mexico courts award joint legal custody giving both parents the legal right to make decisions for the children, such as education, medical care and religious practices. Legal custody has nothing to do with physical custody or visitation. Joint custody does not mean both parents split time with the child evenly, just as Sole legal custody does not bar the non-custodial parent from visiting the child.
The Process of Going Through Divorce Law in Las Cruces, New Mexico
Are you leaning towards getting a divorce from your partner? If so, it is important to understand the necessary steps of the divorce law process.
Step 1: File the Divorce Law Petition
The divorce law process begins when one spouse files a legal petition to terminate the marriage. The petition must include:
- A legal reason for divorce (grounds for divorce)
- A statement that shows at least one spouse meets the state’s residency requirements for divorce
- Other statutory information your state requires
Most states offer the option for filing a no-fault divorce, which does not require a legal reason for the divorce.
Women’s Law states that New Mexico is a no-fault divorce state. The couple will dissolve the marriage by citing irreconcilable differences.
Step 2: Request Temporary Orders
The divorce law process in Las Cruces can take several months, but temporary orders can be requested and approved for a multitude of reasons, including:
- Child custody
- Child support
- Spousal support
- Property restraining orders
- Status quo orders
Request temporary orders as quickly as possible so you are not absent the resources or protection that you need.
Step 3: Serve Your Spouse and Wait for Their Response
If you file a divorce petition, you are responsible for serving your spouse with the divorce papers and filing proof of service with the court. If your spouse agrees to accept service, they must complete an affidavit confirming this. In many cases, however, you’ll need to hire a process server or sheriff to deliver the papers formally. This third party will then document and file the proof of service with the court.
Step 4: Try To Come to an Agreement
The best outcome for anyone going through this process is to have an uncontested divorce, meaning both spouses agree on all issues.
This can be reached between both partners or with the help of a mediator. Not only will this save each spouse money, but there will typically be a lot less animosity.
Step 5: Go To Court
If you and your spouse are unable to reach an agreement, then the case continues before a Las Cruces, NM judge. While there is some benefit to having a judge hand down orders, it may also be a detriment as there is little to no control of the agreement by the parties.
District Courts generally hear divorce proceedings in New Mexico. If you are going through this difficult process, you may want to hire an experienced divorce attorney in Las Cruces to take your case before the 3rd District Court.
Step 6: Receive the Judgement of Divorce
The divorce law trial will end with the official judgment of divorce, ending the marriage. This final dissolution of marriage sets out the details about property and debt division, child custody, and all relevant issues between the couple.
Work With an Experienced Las Cruces Divorce Law Attorney
If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Las Cruces divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across New Mexico state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced Las Cruces divorce attorney!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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