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Divorce in Albuquerque, New Mexico: What You Should Know

Couple fightingMany people in the United States aren’t aware of the considerable number of divorces filed every year in the country. In New Mexico alone, 3.6 percent of all marriages end in a divorce. And while this isn’t the solution for every married couple, there are so many situations wherein the dissolution of marriage is already necessary.

If your marriage already causes health and safety concerns, then you should already consider seeking the help of a divorce lawyer in Albuquerque. Here are some of the most important basic details you should know.

Grounds for divorce

As a mixed state, New Mexico allows its resident to use no-fault or fault grounds as their basis for filing a divorce. When you have the intention of contesting child custody, you want to dispute marital property division, or you have objections about alimony adequacy, you should consider using fault grounds. Doing so gives you an advantage over the situation.

Residency requirements

New Mexico requires at least one of the spouses to be a resident of the State for no less than six months when filing for a divorce.

The process of the division of property

As a community property state, New Mexico law states that throughout a marriage, both spouses have equal rights to all income they earn and equal ownership over all the property they purchased with the said earnings. As such, when dissolving their marriage, they’ll receive equal shares for these properties.

The matter of child custody

Like with all other states, New Mexico courts start the process of child custody with the presumption that the best interest of a child is to remain in contact with both parents following a divorce. However, many other factors can influence their decision, which is why working with a highly experienced family law practitioner should be on top of your priorities.

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  • Posted by Admin on September 26, 2017