ARE YOU THINKING ABOUT GETTING DIVORCED?

Modifying Your Divorce Decree in New Mexico

Divorce decrees are technically final, but that doesn’t mean you can’t make changes to them if your circumstances (or the circumstances of your former spouse) change. Depending on the circumstances of your divorce, you may be able to change the following elements of your decree:

• Child support
• Child custody
• Spousal support

In order to successfully request a divorce modification, you’ll need to demonstrate why the modification is necessary and file it with the appropriate court. Additionally, you may want to work with a lawyer to ensure your request for a modification moves as smoothly as possible.

Child Custody Modifications in New Mexico

You can modify your child custody agreement if you filed for divorce in New Mexico. However, like any modification, you’ll need to prove to the court that the original decree should be changed. In New Mexico, the law assumes that joint custody is probably the best option for children. However, this doesn’t mean that custody and visitation should be shared equally between parents. Thus, if your circumstances have changed and you wish to modify your custody arrangement, you can petition a request to change it.

Understanding New Mexico's 50/50 Divorce Law

Yes, New Mexico is a community property state. This law means all marital property and debts are split 50/50 between the spouses. However, the spouses can agree to a different division.

No Fault Divorce in New Mexico: What You Need to Know

Yes, New Mexico is a no-fault divorce state. You can file for a "fault" or "no-fault" divorce in New Mexico. In a fault-based divorce, you may state grounds such as infidelity, cruelty, abandonment, or addiction as the reason for the breakup. In a no-fault divorce, you must only note that the marriage has ended without reconciliation.

Whenever appropriate, we recommend divorce mediation, which is often the solution that is most equitable and least stressful for families. You know your relationships and lifestyle better than anyone else, and by going through mediation, you have the opportunity to clearly voice your wishes and to have control over the final settlement. If your divorce cannot be settled outside of court, however, we won’t hesitate to battle for your rights at trial. We have helped thousands of people through their divorce matters, and we are well-versed in mediation and litigation alike.

Take the first step to protecting your rights and your future. Call (505) 544-5126 for a consultation with a divorce lawyer in Albuquerque.

Local Insights on Family Divorce in Albuquerque

Navigating a family divorce in Albuquerque can be a challenging experience, especially with the unique dynamics of our community. Local resources, such as the City of Albuquerque Family Services, provide valuable support for families facing these difficult transitions. Understanding the local laws and available services can significantly ease the burden of divorce.

Many residents in Albuquerque express concerns about the emotional and financial toll that divorce can take on families. Issues such as child custody arrangements, spousal support, and the division of assets can become contentious. The New Mexico Courts offer guidance on these matters, ensuring that families are aware of their rights and options. It’s essential to know that Albuquerque is a community property state, meaning that marital assets are typically divided equally, which can lead to disputes if not handled properly.

Additionally, the local climate of divorce often leads to questions about child custody modifications. With many families in Albuquerque seeking joint custody arrangements, understanding the legal framework and local court expectations is crucial. The New Mexico Child Custody Guidelines emphasize the importance of the child's best interests, which can help guide parents through the modification process.

As you consider your options, remember that mediation is a highly recommended approach in our area. It allows families to reach amicable agreements without the stress of litigation. Local mediators are familiar with the community's values and can help facilitate discussions that prioritize the well-being of all family members.

Whether you are facing a contested divorce or seeking a more cooperative approach, our team is here to support you through every step of the process. We understand the specific challenges that Albuquerque families encounter and are committed to helping you find the best path forward.

Ready to take control of your future? Call (505) 544-5126 for a consultation with a divorce lawyer in Albuquerque.