subject: Getting The Divorce Proceeding Details [print this page] If your marriage is falling apart and the only way out of it is a divorce, it is better to consider availing legal counsel. Understanding of the divorce laws of your state is essential to handle the issue. It is for this you require help from a divorce lawyer practicing in your city.
Before you file a divorce suit in Albuquerque, here are the details that you need to know.
Are you eligible for filing for divorce in New Mexico? If you have a domicile in the state and were living there for at least 6 months, you pass the residency requirements. This is also the case if your spouse is a resident.
Where do you file this? As you/your spouse are a citizen of Albuquerque, you must do the filing at the District Court of Bernalillo County.
What are the accepted grounds for divorce? The state accepts fault and no-fault grounds, including adultery, abandonment/desertion, cruelty/violence, and incompatibility. You can also file if you were living separately.
Do you get spousal support? This depends on the financial position of the two spouses. There is no set pattern in this regard. However, the court may order support for one spouse to help him/her lead a proper life.
What happens to the property? New Mexico is a community property state. This means that both the spouses get one-half of the marital property.
How does the court decide on the child custody issue? If the child is under 14 years, the court considers factors like the wish of the parents and child, health and safety, previous lifestyle, et al.
How much child support do you pay/get? The calculation is based on the Income Shares Model. To get a clear idea, talk to a competent Albuquerque divorce lawyer.
Who gets the marital home? In most cases, the spouse who has the physical custody of the child gets the house. This is to help the child cope with the situation better. However, there are no hard and fast rules in this regard.
How much time would the process take? There is no waiting period in New Mexico divorce. The time is, however, dependent on the specific circumstances of your case.
What expenses do you need to bear? You need to take care of the lawyers fees. This includes the cost of the divorce lawyer and his staff. Apart from this, there are court costs, filing charges and such others.
