Facing family law cases is often exhausting and commonly regarded to be among the more difficult legal situations to find yourself in. Cases in family court are also among the most sensitive you will encounter, where one mistake may lead to heavy ramifications for the process as a whole. If you are facing problems in the Albuquerque family court, then it is highly recommended that you seek help from a family law attorney. Not only will a legal professional help you sort out what you need to do, but they will also help strengthen your case in court. It becomes much easier to address your needs in court with a legal representative walking you through the most important parts of any family law case.
When you want to file for a divorce, then all it takes is for both parties to sign a divorce documentation packet and come to agreement on the division of property. The initial documentation is thorough and in order to get through it smoothly a legal representative can be brought in to help. For certain cases, an annulment is possible where the marriage can be outright erased from all records and prevented from affecting any future documentation. However, in cases where the two parties fail to properly negotiate and begin to argue, the case can become complicated very quickly.
Our initial reaction to considering hiring a family law attorney may be to believe that it is an unnecessary escalation of the matter. However, this could not be further from the case. When you hire a legal representative, you are not planning for a negative outcome, but you will be prepared in case one does occur. A lawyer helps in many different ways that do not necessarily have to do with fighting a case. They also provide advice on how to go through the divorce process and provide an unbiased, professional opinion on your case. If the situation does lead to conflict, then having a representative ready is often for the best.
Divorce cases are not known for their ease; they have an infamous reputation for very quickly spiraling into a legal frenzy. The more there is to contest over, the happier you will be that you hired a family law attorney, especially when children and property are involved. Additionally, while any misstep in court will have repercussions, past indiscretions will also factor into your case.
Past Criminal Behavior and Other Factors
Albuquerque family court will look over the past histories of both parties thoroughly before coming to any decisions regarding the case. This also includes past crimes and the culpability of either party. When married, both debts and any crimes committed are generally considered to be the responsibility of both parties. In order to avoid suffering partial repercussions of your spouse’s crimes and debts, a case will need to be prepared.
Marital misconduct can factor into a court’s decisions as well. You will need to bring up the other party’s’ role in undermining the marriage in detail for the record. That may include cases of adultery, addiction, or poor financial decisions that put a strain on you, the marriage, or your family as a whole. If there were any incidents of domestic violence, that will become an important element of your case.
Any history of domestic violence can and will be brought up and heavily factor into the court’s decision. This is particularly important if the case of domestic violence pertains to children and any finances, as well. A divorce case immediately become more complicated when this kind of history is brought up, and this cannot be mitigated easily without legal help.
When a marriage is dissolved, the aim of the court is to provide the children with the best possible outcome. This means that the court will take a close look at both parties and decide how suitable either parent is to raise the child. The court will examine income, living arrangements, and any history of past incidents of the law or abuse. The court will determine the time the child spends with either parent or if full custody will be granted.
If joint custody is awarded, the result is a scenario where both parents are allowed to arrange a mutually acceptable schedule. This also means that decisions regarding the child’s upbringing must be discussed between the two parents. Otherwise, sole custody may be granted where one parent is given the ability to make decisions regarding the child with no input required from the other. Child support is considered a separate matter that changes depending on what type of custody is granted.
Child support is a legally-binding financial arrangement where the court determines that one parent will provide funds to the other for the child’s expenses. The finances of both parties are weighed before the court calculates how to ensure the best outcome for the child. For example, in a full-custody case the non-custodial parent will have to pay the custodial parent. In a joint-custody case, finances are split more evenly between the two parents, but one parent may find that they’re still ordered to make payments to the other..
Legal Solutions of New Mexico Serve Clients in Albuquerque, New Mexico and Surrounding Areas
Family legal issues can become complicated fast enough for us to recommend legal help. With our representatives, you will have an easier time making your way through the process and achieving a favorable outcome in court. Legal Solutions of New Mexico offers professional legal counsel you will need to work towards success in family court. Call now for a free consultation today!
Call Legal Solutions of New Mexico today to discuss:
- Premarital Agreements
- Postmarital Agreements
- Property Division Agreements
- Paternity Actions
- Child Support
- Spousal Support
- Child Custody and Visitation
- Guardian ad Litem
- Kinship Guardianship