Family law refers to any legal proceedings that are matters of a family. Most common, family courts handle issues of divorce and all of the factors that come along with it, including alimony, custody, child support, and asset division.

Family law courts and family law attorneys work to arrive at decisions and agreements that are positive or fair for families, as opposed to simply arriving at a legal decision that does not take children, spouses, or other family members into consideration.

If you are dealing with any sort of family issues that will require legal decisions and agreements, it is likely in your best interest to hire a family law attorney. Legal Solutions of New Mexico offers an initial consultation specifically to answer this question. In your initial consultation you will be able to speak with a family law attorney from Albuquerque to discuss the specifics of your situation, and understand the approach they suggest based on their experience with family law.

No two divorces are the same, meaning there is no set amount of time that your divorce will take. There are many factors to consider, such as your spouse’s willingness to cooperate, the complexity of your finances that need to be divided, the children involved, and more.

There are a variety of options that you can take during a divorce, including an uncontested divorce, or a contested divorce.

Uncontested Divorce

In an uncontested divorce, you will reach agreements on all major issues of your divorce without a trial, and will simply approach a judge showing you have agreed to everything in order to finalize the divorce. The amount of time will vary mostly on how long it takes you and your spouse to reach a final agreement.

Contested Divorce

A contested divorce is much more complicated and time-consuming. First, you must attempt to reach an agreement outside of the court, and when you have determined that no agreement will be made, you must move to actual litigation. You will then need to go through a discovery process, interviews, and finally, a trial. During this time, you are waiting on the courts to set any and all dates. After a trial is completed, there is the additional chance of an appeal, which may take years.

If you will have majority custody of your children, it is likely that you will qualify for child support from your spouse. Child support payments ensure that the children do not lose financial support because of the divorce. Child support includes things like school tuition, sports and activities, medical payments, and more. During the process of meeting with your family law attorney, you will go through all available information and financial documents to determine a fair and reasonable amount of child support that you are entitled to, or determine an amount that is reasonable for you to pay.

Alimony payments depend on a variety of factors in your marriage, such as the length of marriage, the income disparity between spouses, possible prenuptial agreements, and the overall financial health of the family. Your attorney will be able to work with you closely to determine fair alimony amounts and the length of time they will be paid.

To become legally divorced in any state, there are certain requirements that must be met. As discussed in New Mexico Statutes Chapter 40: Domestic Affairs, Article 4: Dissolution of Marriage, New Mexico requires that at least one party filing for divorce has lived here for a minimum of six months. One spouse must be domiciled in New Mexico, which means that he or she is present in the state and plans to stay in the state indefinitely. Alternatively, if one spouse is in the state due to military service, they must be there for at least six months. If these residency requirements are not met by the filing spouse, the court will dismiss the case, causing you to lose money and delaying your divorce.

If either spouse does not meet the residency requirements, they have several options:

• Stay married and do not pursue a divorce any further
• Establish residency in the state of New Mexico so that at least one of you meets the filing requirements
• If one spouse meets the residency requirements, have them file the documents
• Find another state that will accept your divorce filing based on their residency requirements

It is best to discuss these options with an experienced Albuquerque family attorney before moving forward.

The process and requirements for separation are the same between a couple who desires a legal separation and the couple who wants to divorce completely.  The most significant difference between the two legal actions is that in a separation, neither spouse is legally allowed to remarry. During a separation, however, any assets or debts accrued by either spouse will not be considered marital property. In New Mexico, a legal separation is not a partial or trial divorce.  If a couple becomes legally separated and later decides to seek a divorce, they must start the process over ahead for the divorce. Many people choose to legally separate rather than divorce for religious reasons or in hopes of reconciliation in the future.

Some states mandate that there be a waiting period between serving divorce papers to your spouse and finalizing a divorce judgment. In New Mexico, this waiting period is only 30 days. If both spouses agree to file an uncontested divorce, the court does not have to wait 30 days to finalize the agreement. 

The start to finish time of the divorce will depend on the caseload of the court and the schedules of the judges to sign the final Decree of Dissolution. Sometimes finalizing a divorce can take 90 days or longer, especially if there are issues to work out, such as the division of property or child custody.  A Family lawyer in Albuquerque could assist you in working these issues out with your spouse and their attorney.

When filing for divorce, the petitioners will need to list a reason. There are a few options for the grounds for divorce in New Mexico. The first is no-fault, or incompatibility. When spouses are just not able to get along or work out their issues, they list this is the reason. Other grounds for divorce are at-fault and include:

• Adultery
• Cruelty and inhuman treatment (domestic violence included)
• Abandonment or desertion