In order to sue for divorce in New Mexico, either your spouse or you must have lived in the state continuously for the six months prior to filing. New Mexico allows for no-fault divorces, which mean there is no need to prove any wrongdoing by your spouse in order to get divorced. New Mexico is also a community property state which means any property acquired during the marriage is considered part of the marital estate and is subject to an equitable division upon divorce. Attorney Edward W. Lovato can help you understand and successfully navigate New Mexico’s family legal system.
There are many complications that may arise in a New Mexico divorce proceeding. Understanding as much about your marital history, children, and other family dynamics helps your attorney provide the best possible divorce case representation.
Post Divorce Modifications
After a divorce, the ex-spouses’ situations can change significantly. Sometimes a divorce decree or child custody arrangement is requested to be modified. In order to obtain a modification of a child support order, for example, you usually need to prove a material and substantial change in circumstances. Such a change might exist, for example, if you were in an accident and became disabled so that you could no longer work and therefore could no longer pay child support.
Types of Divorces in New Mexico
Contested v. Uncontested
- An uncontested divorce is where both the divorce parties agree to the terms and conditions regarding property, custody, child support, and so forth. Once the parties agree to all the terms, a marital settlement agreement and parenting plan is then drawn up and submitted to the court for approval. A judge will review and decide whether the agreements comply with New Mexico law and are in the best interests of the children.
- In a contested divorce, both you and your spouse will usually need lawyers. There will generally be multiple court appearances and possibly a trial before the judge to decide the contested issues and grant you and your spouse a divorce.
Regardless of the type of divorce, Edward W. Lovato and Lovato Law, P.C. will ensure that you understand the pros and cons of your decisions to seek the best possible outcome.