Reviewing Requirements with a Divorce Attorney in Albuquerque, NM

by | Aug 21, 2017 | Divorce

In New Mexico, divorce petitioners must follow clear guidelines when starting a divorce case. The guidelines provide them legal avenues that secure their rights. They include provisions for non-martial property and protection against abuse. The petitioner must follow the guidelines to end their marriage without major compromises. A divorce attorney in Albuquerque, NM can provide assistance for divorcing couples.

The Divorce Grounds

The divorce grounds start with no-fault options. This includes irreconcilable differences or irretrievable breakdown. The no-fault grounds don’t assign blame. The fault grounds include adultery, domestic abuse/violence, desertion, mental incapacity, or incarceration. All fault-based grounds require evidence to support the allegation. For example, a ground based on domestic violence requires evidence of charges filed against the defendant.

Division of Marital Property

The division of marital property must be equitable. each party is entitled to 50% of the marital assets. This includes monetary assets, real property, artwork, furnishings, and anything owned by the couple. It doesn’t include assets that were owned or acquired prior to the marriage. However, if assets were generated from a business, each party could acquire 50% of the profits.

Child Custody and Support

Child custody arrangements are based on the most appropriate arrangement for the child. This could equate to joint custody, which gives each party the right to make decisions. It could also present sole custody assignments where only one parent makes decisions. Visitation is determined according to any risks presented by a parent. Support equates to around 5 to 10% of the non-custodial parent’s income.

Alimony or Palimony

Alimony or palimony are assigned only if a spouse cannot achieve the same lifestyle they had during the marriage. However, a spouse could choose to pay for an educational program in lieu of spousal support. This increases their former spouse’s earning capacity.

In New Mexico, divorce petitioners must review the guidelines that apply to their divorce. These guidelines present them with options for arriving at an agreement with their spouse, which could lower the chances of mediation or a divorce trial. Petitioners who need a divorce attorney in Albuquerque, NM should contact The Carter & Valle Law Firm or visit the website to set up an appointment now.

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