Family Law
New Mexico Divorce and Child Custody
At the Law Office of Todd J. Bullion, we understand the emotional and legal complexities involved in divorce and child custody matters in New Mexico. We offer compassionate and effective representation to guide you through the process of divorce and child custody cases, ensuring your rights and interests are protected every step of the way. Divorce cases proceed differently in New Mexico depending on whether or not the divorcing parties have children.
Divorce Without Children:
Filing for Divorce:
One spouse files a Petition for Dissolution of Marriage in the county where either spouse resides. Filling out and filing a petition is a very straightforward and simple process. New Mexico is what is known as a no fault divorce state which means that specific reasons for divorce such as adultery or other bad actions of a spouse do not need to be given as a reason to get a divorce. If either spouse wants to end their marriage, that is all that is required to file a petition and begin divorce proceedings in New Mexico.
New Mexico’s No Fault Divorce Rules Limit the Relevance of Misbehavior during Marriage
New Mexico’s No Fault Divorce Rules Limit the Relevance of Misbehavior during Marriage
Negotiated Settlement or Trial
Serving the Divorce Petition
Responding to the Petition
Financial Disclosures
Final Divorce Decree
Once an agreement is reached, the court will issue a Final Decree of Dissolution of Marriage, officially ending the marriage. In the event the parties opt to have a trial the court’s decision as to who gets what property and debt will be put into the Final Decree of Dissolution of Marriage.
Divorce With Children
A divorce when the couple has children proceeds along the same steps as a divorce without children. In addition to the division of assets and debt the parties will either need to agree, or have a court decide, who will have legal and physical custody of the children, create a parenting plan that states where the children will leave, go to school, and on what days of the week they will spend time with each of their parents. Child support is also determined by agreement or by order of the court. There are guidelines for child support payments in New Mexico that can be estimated based on the income of each parent as well as certain expenses such as healthcare expenses and daycare expenses.Like a divorce without children, the process concludes with a court issuing a Final Decree, which will include all agreements pertaining to custody and support.
Child Custody Cases without Divorce