Family Law FAQ

Family Law FAQ

Family law can refer to any number of issues that involve family members. The New Mexico Family Courts are specifically in place to handle these types of issues, and there are legal professionals who work specifically as family lawyers. At Legal Solutions of New Mexico, we represent many families in Albuquerque to work through various disputes or issues that involve the family, and will be happy to assist you with your problems today. Read more below about family law, and contact us today to schedule an initial consultation.

What Is Family Law?

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.

Do I Need a Family Law Attorney?

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.

How Long Will My Divorce Take?

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.

Can I Collect Child Support?

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.

How Much Alimony Will I Need 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.

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