ALBUQUERQUE DIVORCE LAWYER

Why You Should Trust ARWJ Family Law

At ARWJ Family Law, we believe that divorce should not be a check-the-box, one-size-fits-all process. Individual clients have unique needs and goals. Our focus is on providing a process to meet those needs and goals in the most cost-effective way. We bring nearly 80 years of combined legal experience to these matters and believe in empowering our clients with the knowledge and support they need to make the right decisions for themselves and their children.

While general community property principles guide the division of assets and debts in divorce, as no two divorces are the same, no two approaches to divorce should be the same. All of our attorneys at ARWJ are skilled advocates focused on negotiated out-of-court settlements, mediation, and litigation, if required.

Understanding the Divorce Process in Albuquerque

When spouses decide to formally end their marital union in Albuquerque, they typically do so at the Second Judicial District Court, located at 400 Lomas Boulevard here in Albuquerque. While no two divorces are exactly the same, they generally follow similar steps.

Before a judge signs the Final Decree of Dissolution of Marriage, the court wants to see that property has been lawfully divided, relevant support payments have been established, any children from the marriage have the resources needed to meet their basic needs, and an appropriate custody and timesharing arrangement.

Property division is often one of the more complex steps in the divorce process. As a community property state, New Mexico categorizes assets and debts as community or separate property. Gifts, inheritance, and anything brought into the marriage are generally separate and left out of the property division process. The average home value in Albuquerque is $345,503, and houses are often considered community property, meaning they are subject to division during a divorce.

In a city where 20.3% of the population is under 18, many divorces involve children. When parents divorce in New Mexico, the court must establish legal custody and a parenting plan for their children. Legal custody determines each parent’s rights and responsibilities for major decisions involving matters such as education, healthcare, and religion.

New Mexico courts generally presume that joint custody is in a child’s best interests, but joint custody does not necessarily mean equal parenting time. The court considers the child’s best interests when determining how parental rights and responsibilities should be divided.

Enforcement and Modifications

A final court order does not mean that divorced spouses will never have a reason to reappear in court. If a former spouse fails to comply with an existing order, the other party can ask the court to enforce requirements involving child support, custody, periods of responsibility, or other obligations. Certain orders can also be modified when circumstances materially change.

For example, changes in income can justify modifying child support, while criminal charges could warrant revisiting the custody schedule. ARWJ Family Law helps clients enforce existing orders and seek modifications when circumstances change.

Common Challenges Spouses Face During a Divorce

Divorces can be emotionally taxing and legally complex. Dividing a marital estate often requires considerable accounting and consideration of whether an asset or debt is community or separate property. Disputes may arise over who keeps the house or how a family business is divided. High-earning couples may carry suspicions about concealed assets and inaccurate disclosures.

Custody disputes are another area of contention during a divorce. When parents cannot agree on custody rights and timesharing schedules, it can lead to further court involvement and the need for litigation. Whether your case is complicated by disputes over support payments or property division, ARWJ Family Law can provide the focused, steady support your case deserves.

Why You Should Hire a Divorce Lawyer

Going through a divorce while continuing to work and raise kids in Netherwood Park, Nob Hill, Barelas, or another area in Albuquerque can understandably leave you feeling overwhelmed. When you hire a divorce lawyer, you can remove much of the uncertainty associated with the divorce process.

An Albuquerque divorce attorney brings years of experience managing complex divorce cases. They can explain how the state’s divorce laws can affect the outcome of your divorce and the steps that could protect your rights and interests at every stage of the process. ARWJ Family Law brings decades of combined legal experience to the matter. We can provide the unwavering, results-driven support that you need during this time.

FAQs

Q: What Is a Spouse Entitled to in a Divorce in New Mexico?

A: Both spouses are entitled to an equal 50/50 share of the community property and debt during a divorce in New Mexico. New Mexico is a community property state, meaning property acquired during the marriage is generally considered community property unless it qualifies as separate property. Separate property can include assets owned before the marriage or individually received through an inheritance or gift. Classifying commingled property can present challenges during a divorce.

Q: Can Married Couples Live Separately Without Getting Divorced?

A: Married couples can live separately without getting a divorce, but doing so does not afford the protections and finality of a formal divorce through the courts. Remaining married can leave important issues involving property, debts, financial obligations, and children unresolved. A divorce allows spouses to formally divide marital property and debts and establish enforceable orders addressing matters such as child custody and child support.

Q: What Is the Biggest Mistake to Avoid During a Divorce?

A: One of the biggest mistakes to avoid during a divorce is failing to secure high-quality legal representation during a family court case. Decisions made during a divorce can affect property, your rights, financial obligations, and relationships with children for years. An attorney can identify important legal and financial issues, help protect a client’s interests during negotiations, prepare required court filings, and advocate for your interests throughout the court process.

Q: Can a Spouse Take Half of the Other Spouse’s Savings in a Divorce?

A: A spouse can potentially receive half of the savings that are part of the marital estate. New Mexico generally considers property acquired during a marriage to be community property, even when an account is held in only one spouse’s name. However, savings that qualify as separate property may remain with the spouse who owns them. Determining how to divide an account may require tracing when the money was acquired.

Decades of Experience by Your Side

Going through a divorce without strong legal support can lead to unfavorable outcomes. Family law attorneys are trusted advocates who understand the law and how to protect your rights and interests at every turn.

The attorneys at ARWJ Family Law understand the importance of your case and are here to guide you through the process, every step of the way. Contact our office to schedule a consultation with one of our experienced attorneys today.