Divorce: Frequently Asked Questions
If you are going through a divorce, you will likely have a number of questions. The following are some of the frequently asked questions our attorney encounters at Affordable Law, PC. It is important to bear in mind that everyone’s situation is different and nothing can replace the type of advice you receive by meeting one-on-one with a lawyer. To schedule an initial consultation at our law office in Albuquerque, call 505-633-8723.
What Is An Uncontested Divorce?
An uncontested divorce is when both parties are able to reach an agreement on the major issues that must be decided as part of a divorce proceeding. This is less contentious than a contested divorce proceeding, which must be settled in court. If you and your ex can communicate and agree to the terms of your divorce, you will likely never even have to see a judge.
How Is Property Divided?
In New Mexico, property is defined as either community property or separate property. Community property is owned jointly by both parties while separate property is owned by only one spouse. Community property is what will be divided between divorcing couples. This can be a complicated issue that involves identifying each type of property and ensuring it is divided equitably. It is important to remember that “equitable” is not the same thing as “equal.” We will work closely with you to help ensure a fair division.
How Are Child Custody Decisions Made?
There are two types of child custody: physical custody and legal custody. Physical custody refers to where the children will spend the majority of their time and is typically granted to one parent. Legal custody refers to the right of the parent to make major life decisions on behalf of the children, such as those involving health care, education and religious upbringing. Legal custody may be granted to one or both parents. All custody decisions must be made with the best interests of the children in mind. The court may use a number of different factors to determine what is best for the child.
How Are Child Support Decisions Made?
In general, child support determinations are relatively straightforward. The state of New Mexico provides guidelines for determining support, with the largest factor being the income of both parents. However, deviations from the guidelines do occur, which is why legal representation is so important.
Do I Really Need A Lawyer?
A good lawyer can help ensure divorce proceedings remain civil and are carried out as smoothly as possible. A lawyer may seem like a significant expense. However, that is nothing compared to the expense of mistakes or of agreeing to terms that are unfavorable. We can help alleviate some of the stress you are feeling and will be there to help you through this process one step at a time.