When a marriage is over, one of the parties can file on the grounds of no-fault or fault grounds. If someone wants to gain advantage in a contested case such as division of marital assets, alimony or child custody, this is the option to choose. To the divorce proceedings one person must have been a resident of New Mexico for at least six months before the divorce is filed. New Mexico is a community property state, which means everything that was acquired during the marriage is divided equally between the two partners. There is not any consideration given to one spouse staying home with the children while the other one was the main source of income for the family.
Getting through the process can be very confusing with the help of a divorce lawyer in Albuquerque, NM. If a couple has children, the courts prefer that a child have frequent and continuing contact with both parents after a divorce. Most judges prefer joint custody, but time-share for custody will be based on the child’s best interest. The court will consider some of the following items in their decision for custody of a child:
* The emotional bond between a child and parent.
* The living pattern of the child before the divorce commenced.
* The child’s preference if they’re old enough to make that determination, which is usually twelve or older.
* A parent’s physical and mental health.
* Social factors of the parents such as if there’s any history of child abuse, exposure to second-hand smoke.
* The ability of a parent to provide, food, clothing, and shelter for the child.
* If the parent can provide a stable environment and foster a relationship with the other parent.
Ending a marriage is very hard to do. A divorce lawyer in Albuquerque, NM will be by their client’s side throughout the divorce. They will listen to the things that are the most important to someone and explain the legal options that are available. They will treat you like a real person and consider your feelings through this difficult time. Carter & Valle Law Firm will never be afraid to go to court on your behalf if your spouse is not following the court order or won’t attempt to work through the difficulties of settling a divorce. Browse the website for more information.