If you’re currently contemplating filing for divorce or have been served papers for one, the only place to turn is to a divorce lawyer in Albuquerque, NM. Obtaining the right legal information early in the process will reduce the chance for serious problems in the future. An answer must be sent back to the filing party or claims in the divorce will not be able to made. An individual can file a counter-complaint covering areas that are not in the first pleading. Divorces can go quickly or can take years to complete. Areas that are difficult to agree on are usually the division of assets or debt.
Divorces in New Mexico can be filed as a no-fault or fault divorce. It is also a community property state, and a petitioner must be a resident for at least six months before filing for divorce. All property the couple acquires while they are married will be divided equally. The financial need, earnings, the ability to earn a living, or fault of the divorce are never taken into account during a divorce settlement in a community property state. Any assets that were acquired before the marriage are not considered part of the marital property. If a parent has been unemployed at home because they were raising the children, this will not be taken into account during a property settlement.
Child custody is also another contentious area of a divorcing couple. The courts are only concerned about the best interest of the child and shielding them from two arguing parents. Child support is for the children from the marriage and it is calculated based off of each parent’s income. Child support cannot be waived by a parent to obtain a more favorable divorce settlement. Child support is an enforceable order of the court and non-payment of child support could result in jail time. Speaking with a divorce lawyer in Albuquerque, NM is the best choice when someone’s facing this type of situation.
Carter & Valle Law Firm has been serving clients in the area for many years. They have the knowledge and skill to reduce the turmoil that can occur during a divorce. Browse the website to find out how they can help your situation.
Be the first to like.