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
Going through a divorce can be a challenging experience but understanding the process can help people understand what to expect to happen during their divorce case and minimize the stress of litigation. In New Mexico, a divorce without children typically involves the following steps
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.
Negotiated Settlement or Trial
The parties are free to engage in a negotiated settlement at any time during the divorce process. A negotiated settlement can address what is important to both parties and will usually be preferable to a trial for that reason. If the parties are unable to reach an agreement the family court judge assigned to the case will make decisions as to the specific distributions of assets and debt with the aim of each party ending up in as close to an equal position to one another as possible.
Alimony or spousal support must also be determined through settlement or a trial.
Responding to the Petition
One the petition is served the spouse who received the divorce papers becomes the respondent in the divorce lawsuit. The respondent has 30 days to file an answer to the petition. It is important that answers be filed timely because ignoring the process can lead to the petitioner obtaining a judgment in their favor because of their spouses’ failure to respond.
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.
Negotiated Settlement or Trial
The parties are free to engage in a negotiated settlement at any time during the divorce process. A negotiated settlement can address what is important to both parties and will usually be preferable to a trial for that reason. If the parties are unable to reach an agreement the family court judge assigned to the case will make decisions as to the specific distributions of assets and debt with the aim of each party ending up in as close to an equal position to one another as possible.
Alimony or spousal support must also be determined through settlement or a trial.
Responding to the Petition
One the petition is served the spouse who received the divorce papers becomes the respondent in the divorce lawsuit. The respondent has 30 days to file an answer to the petition. It is important that answers be filed timely because ignoring the process can lead to the petitioner obtaining a judgment in their favor because of their spouses’ failure to respond.
New Mexico’s No Fault Divorce Rules Limit the Relevance of Misbehavior during Marriage
New Mexico is a no-fault divorce state which means the misbehavior of the parties during the marriage has no bearing on the division of the property and debt on dissolution of the marriage. Though it may seem unfair, it is the law.
However, spousal conduct may be relevant in determining what custody arrangement will be in the best interest of the parties’ children, if they have children. Spousal conduct can also be relevant in determining whether to award spousal support or alimony and in what amount support would be ordered.
New Mexico’s No Fault Divorce Rules Limit the Relevance of Misbehavior during Marriage
New Mexico is a no-fault divorce state which means the misbehavior of the parties during the marriage has no bearing on the division of the property and debt on dissolution of the marriage. Though it may seem unfair, it is the law.
However, spousal conduct may be relevant in determining what custody arrangement will be in the best interest of the parties’ children, if they have children. Spousal conduct can also be relevant in determining whether to award spousal support or alimony and in what amount support would be ordered.
Financial Disclosures
The parties are required to exchange their financial information so all marital assets and debt can be identified and fairly divided. The default rule in New Mexico is that each spouse is entitled half of the marital assets and debt. How these assets and debt are divided is important.
Serving the Divorce Petition
After the divorce petition is filed it needs to be served on the other spouse. This can be done by contacting the office of the local sheriff or hiring a private process server.
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
In the event a couple has children and are not married the process to establish a parenting plan and custody decisions works the same way as if the parties were married – except there are no marital assets or debt to divide – the focus in these cases are solely focused on the best interests of the children.
If you are considering a divorce in New Mexico, or if you need assistance with child custody arrangements, contact the Law Office of Todd J. Bullion for professional guidance. Our experienced attorneys are ready to help you navigate this difficult time with as much ease and clarity as possible. Call us today at 505-494-4656 to schedule a consultation or fill out a contact form to schedule a free consultation.
Contact Us
- 4801 Lang Ave Suite 110 Albuquerque, NM 87109
- todd@bullionlaw.com
- 505-494-4656
