Divorce FAQs

ABQ, NEW MEXICO DIVORCE FAQs

Divorce FAQs: If you are planning a divorce in Albuquerque, you likely have many questions. The divorce lawyers at the Gentry Law Firm, can answer many of your divorce questions. We are certified family law specialists, reflecting our special training and experience in the area of divorce and family law.

WHAT ARE DIVORCE RESIDENCY REQUIREMENTS IN NEW MEXICO?

To file for dissolution of marriage in New Mexico, you will need to be a resident of the state for at least 6 months.

WHAT MAKES NEW MEXICO A “NO-FAULT” DIVORCE STATE?

In the past, a married person seeking to divorce needed to prove wrongdoing, such as cruelty or adultery, in order for a divorce to be granted. However, since New Mexico is a no-fault divorce state, you may file for divorce in New Mexico without proof of wrongdoing by you or your spouse.

WHAT IS MARITAL PROPERTY?

New Mexico is a community property state, meaning that each party has a fifty percent interest in property acquired during marriage. Marital property includes both debts and assets accrued during a marriage, including income, real estate, retirement accounts, credit card debt, etc.

HOW IS CHILD SUPPORT CALCULATED IN NEW MEXICO?

When calculating child support, Family Court considers the percentage of time the child or children is with each parent, the earning capacity of both parents and the expenses such as school tuition or health insurance that a parent is paying for a child or children. There are many nuances to calculating child support in New Mexico, but our attorneys can help you calculate child support and modify existing child support agreements.

HOW IS SPOUSAL SUPPORT (ALIMONY) CALCULATED IN NEW MEXICO?

While the amount of alimony is decided by the Court, our divorce lawyers have alimony guidelines that help us assess how much spousal support you may be entitled to. In Court, judges consider factors like the length of your marriage, the current and future earning capacity of you and your spouse and the standard of living established during the marriage.

WILL THE DETAILS OF MY DIVORCE BE PUBLIC?

Only if you and your spouse cannot agree on the terms of your divorce and have our attorneys litigate on your behalf. During divorce litigation, you will have to testify to the details of your divorce in front of a judge, making it public information. Our divorce lawyers recommend couples attempt to negotiate their divorce through Collaborative Law or mediation first to avoid a public court battle.

HOW MUCH WILL MY DIVORCE COST?

It is impossible to estimate how much your divorce will cost, but our divorce lawyers can give you advice to keep your divorce costs under control.

Our experienced attorneys can answer your divorce questions during an initial consultation at our Albuquerque, New Mexico family law office. Contact us to schedule your consultation today and get the answers you need about your New Mexico divorce.