In New Mexico, couples can file a petition together for a divorce. However, this isn’t always the case. For this reason, the petitioner must follow specific guidelines and work with their attorney to find an amicable solution. The following is a review of divorce requirements in which a divorce lawyer in Albuquerque, NM can help.
Defining the Divorce Grounds
The petitioner chooses between fault-based and no-fault divorces. A no-fault divorce doesn’t designate blame and just implies that the couple suffered an irretrievable breakdown. On the other hand, the fault-based grounds introduce blame. These grounds require the petitioner to present evidence to support their claim. These grounds may also require a waiting period for some petitioners.
For example, if the petitioners identify adultery in their marriage, they need photographs, phone records, and online communications to prove an extramarital affair. If they choose imprisonment as the grounds, they must wait two years and their spouse must receive a sentence that is longer than two years.
Dividing Marital Property
The division of marital property must provide each party with equal assets. Typically, the couple has a claim against any property they had when they got married. The marital home is awarded to one party, or they are required to sell it. They will be required to split monetary assets such as CDs, retirement funds, and savings accounts. They may also be required to pay alimony if either party’s earning capacity is lower than the others.
Child Support and Custody
Child support and custody is determined by the couple in most cases. However, if they cannot come to an agreement a custody hearing is scheduled. A judge takes control over the situation and makes a choice for them. The judge also assigns child custody based on the parent’s income.
In New Mexico, couples file for a divorce for a variety of reasons. Despite these reasons, they must make choices that are fair to both parties. This includes dividing property amicably and make a clear choice about their children. Petitioners who need to discuss their case with a divorce lawyer in Albuquerque, NM should contact Carter & Valle Law Firm or browse their website for more information now.
