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Financial Consequences of Divorce in Older Couples

October 3, 2013, by Collins & Collins, P.C.

For most of us, divorce isn‘t something we think about for older adults. Indeed, for many years, sociologists and economists didn‘t focus their research on middle-aged and elderly adults who sought divorces. However, in recent years, scholars have begun turning a closer eye toward divorce trends in these couples. Jay Lebow, a psychologist who works […]

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Alimony Often Disputed on Income and Duration in New Mexico Divorce

September 21, 2013, by Collins & Collins, P.C.

Alimony is often a hotly contested issue in a New Mexico divorce. The Second Judicial District Court in Albuquerque has established alimony guidelines. However, disputes still arise. The most common disputes involve the calculation of income and the duration of spousal support. The recent New Mexico Court of Appeals case of Clark v. Clark addressed […]

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For Better or Worse – Rights on End of Cohabitation in New Mexico

August 27, 2013, by Collins & Collins, P.C.

Many couples are choosing to live together without the trappings of marriage. When these couples break up, the legal issues can be better or worse depending on the circumstances. First, it should be noted that New Mexico does not recognize common law marriage. There is one exception. New Mexico will recognize a valid common law […]

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“Non-Modifiable Alimony” Means Non-Modifiable in New Mexico

May 13, 2013, by Collins & Collins, P.C.

It is often assume or perhaps hoped that alimony automatically terminates upon the marriage of the recipient of the support. This is not necessarily the case. Spousal support may be ordered for a variety of purposes. It can be transitional, and/or rehabilitative. This means that it is by definition temporary in nature. It might be […]

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Women Often Pay Child Support and Alimony

August 13, 2012, by Collins & Collins, P.C.

Clients often begin representation assuming that, when a couple is divorced, the husband will automatically pay the wife child support, and in some cases, alimony, which is in New Mexico is often called spousal support. The logic behind this belief is quite simple. Historically, the husband was typically the “bread winner” or “provider” of the […]

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No Alimony When Cohabitating Couples Break Up in New Mexico

April 17, 2012, by Collins & Collins, P.C.

A 2002 study from The National Survey of Family Growth found that nearly 50% of women between the ages of 15 and 44 had cohabitated at some point in their lives. Cohabitation has become a normal way of life for many people. However, as many cohabitating couples find out–often when it is too late–by choosing […]

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Breaking Up In New Mexico May Be Harder Than Getting a Divorce

March 26, 2012, by Collins & Collins, P.C.

These days more couples are delaying marriage and many opt for living together unmarried. As more and more couples decide not to marry, but buy property and have children together, the process of breaking up has moved into the courtroom. New Mexico does not recognize common law marriage, although couples with a valid common law […]

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Bankruptcy Does Not Eliminate Support Obligations

March 9, 2012, by Collins & Collins, P.C.

For many facing economic hardship, bankruptcy may seem like an attractive option. Filing for bankruptcy often results in the elimination, or discharge, of a large variety of debts and often represents a second chance for those mired in overdue bills. However, some debts, including alimony and child support, are not discharged in bankruptcy. Some people […]

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The Trecherous Waters of Divorce and Bankruptcy

February 6, 2012, by Collins & Collins, P.C.

A divorce or legal separation will always be difficult emotionally, however, it can be just as hard, if not worse, financially. Often it is not until the parties begin exchanging income information as part of their divorce action that they realize just how dire their financial situation is. Given that New Mexico is a community […]

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Common Law Marriage in New Mexico Under Full Faith and Credit Clause

October 20, 2011, by Collins & Collins, P.C.

New Mexico does not recognize common law marriage, even if you and your partner have lived together for years and for all intents and purposes act as a married couple in New Mexico. However, approximately sixteen states still recognize common law marriage for couples who have lived together for a significant period of time and […]

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