Call Today 505.431.4716
Helping You Solve Your Problems Backed By Years of Experience & A Client-Centered Approach

Los Alamos Divorce Attorneys

NM Divorce & Custody Law, LLC Is Here to Help You Move Forward

Before you begin divorce proceedings, it is important to determine what type of divorce you will be seeking. No two divorce cases are exactly alike, which is why when you need a Los Alamos divorce attorney, you should hire a firm capable of handling a range of legal scenarios. For skilled representation that provides multiple options, contact the professionals at NM Divorce & Custody Law, LLC today.

Our Los Alamos divorce lawyers can assist you in divorce-related areas including:

Still have questions? Talk to Los Alamos divorce counsel today, at (505) 431-4716.

Marriage Dissolution & Legal Separation

“Dissolution of marriage” is a technical term used to refer to divorce. In the state of New Mexico, a “legal separation” does not require any more steps to obtain than a divorce does, and you do not have to obtain a legal separation before seeking a Final Decree of Dissolution of Marriage from a judge. Simply moving out does not mean you and your spouse are legally separated. If two spouses do not want to live together anymore, and they want to create legally enforceable agreements regarding property division, debts, and children, they may choose to seek a legal separation without getting divorced. The key point is that on paper, they are technically still married, and will have to seek a dissolution of marriage before they can marry anyone else. Whether you are considering a divorce or legal separation, it is still important to hire a seasoned Los Alamos divorce lawyer to negotiate for you.

Grounds for Divorce in New Mexico

Grounds for divorce in New Mexico typically fall under “incompatibility,” which the state statute classifies as the inability to remain married, “because of discord or conflict of personalities… preventing any reasonable expectation of reconciliation.” Incompatibility is seen as “no-fault” grounds for divorce, meaning that it neither spouse is primarily at fault. While there are 3 “fault” grounds for divorce under state law, those being adultery, abandonment, or cruel and unusual treatment, our Los Alamos attorneys have not seen a divorce go through on these grounds in several decades. In general, litigating a no-fault divorce is much easier, as it makes coming to agreements on debt, alimony, and custody less complex and emotionally taxing.

The 4 Main Topics Related to Divorce & Legal Separation

  1. Property Division: Both “personal property,” i.e. possessions like cars, furniture, and art, and “real property,” which includes houses and other land holdings, may be divided in a divorce. Before you can divide either of these categories, however, you must determine what in the marriage is “separate” and what is “community property.”

Separate property refers to property which either spouse owned before they were married, or which they received as a gift or inheritance during the course of the marriage. This may include any financial assets you possessed before the marriage, as long as you did not use those assets to pay for something you continued to with your spouse, like a house or rent. In general, any property that was yours before a marriage will remain yours after it, so long as that property was not used to contribute to anything you and your spouse shared during the course of the marriage.

Community property, meanwhile, may include any property you and your spouse acquired together during the marriage. This may include retirement benefits or income earned after you were married, even if only one spouse was employed.

In some cases, couples transmute separate property into community property throughout the course of their marriage. For instance, if one spouse inherits a sum of money, and that money is invested in a joint bank account, and then used to renovate a house, or take a vacation, or pay off debts, that separate property has become co-mingled to the point where it may now be considered community property.

  1. Division of Debt: Much like property, debt owed before a marriage is considered separate debt while debt acquired after a marriage is considered community debt. This can be difficult to determine, as income earned during a marriage is often used to pay down debt from before said marriage. In some instances, debt such as student loans can be argued as a post-marriage expense, and therefore classified as community property. But with most credit cards and other sources of debt acquired before a marriage, that debt will be classified as separate property.
  1. Alimony/Spousal Support: Alimony is an old-fashioned term for spousal support, referring to payments one spouse makes to the other after the dissolution of their marriage. Support is typically based on what one spouse needs, and what the other spouse is able to pay. Property, debt, and other circumstances related to the marriage are usually taken into account when allocating spousal support. In most cases, it will only be awarded on a monthly basis until one spouse can become self-sufficient. In other cases, it may be given in a lump-sum as soon as the divorce is finalized. In rare cases, spousal support may also be awarded on a permanent basis.
  1. Children: There are multiple areas to consider when it comes to making arrangements pertaining to any minor children in a divorce. Chiefly, custody and visitation must be decided. With the assistance of your Los Alamos attorney, you will want to determine whether you which spouse will be the custodial parent, what the visitation rights of the other parent will be, or whether you will be working out a joint custody arrangement. Much like spousal support, you will also have to determine child support using income, debt, and property division to figure out which spouse will be making support payments, how much they will be contributing, and for how long.

Interim Allocation/Interim Division

In all divorce and legal separation cases, the court requires each party to exchange financial documents early on in the process. This is done to prove current income and determine fixed monthly expenses.

Once this information is assessed, you may be able to ask for Interim Allocation, also know as Interim Division. An Interim Allocation divides monthly expenses down the middle, and temporarily allocates any remaining funds to the parent with whom any child or children spend the majority of their time.

By compiling finances into a Monthly Income & Expenses Statement, or IE&E, you may be able to secure an Interim Allocation, allowing you:

  • To pool money;
  • To pay allowed bills;
  • To shift presumption from community to separate property and debt for things purchased after entry of the Interim Allocation order.

We Understand What You Are Going Through

At NM Divorce & Custody Law, LLC, our Los Alamos divorce attorneys are here to advocate tirelessly on your behalf. With decades of combines experience, we know what it takes to look out for the best interests of you and your family. While your situation may seem difficult now, it is possible to move on with your life, and our caring and knowledgeable lawyers are there to help you do just that.

With the skilled legal team at NM Divorce & Custody Law, LLC, you get:

  • 50+ Years of Combined Experience
  • Practical Solutions for a Range of Divorce-Related Needs
  • A Client-Centered Approach - See Our 5-Star Client Reviews
  • Compassionate, Customized Legal Help

Hire a Los Alamos lawyer who will fight for what you are owed today. Dial (505) 431-4716 now, or click here to schedule a consultation online.

Your Dedicated Advocates

Helping You Solve Your Problems & Move Forward

What Sets NM Divorce & Custody Apart?

  1. We find practical solutions to fix your problems.
  2. Our team has over 50 years of experience.
  3. Our lead attorney has been through divorce herself and knows what you're going through.
  4. We have a willingness to think outside the box to find the best solution for you and your family.
Schedule A Consultation
  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email address.
  • This isn't a valid phone number.
    Please enter your phone number.
    You entered an invalid number.
  • Please select an option.
  • Please enter a message.