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The Process of Disposition of the Community Residence After a Divorce

September 2, 2014, by Collins & Collins, P.C.

Among the most contentious aspects of many New Mexico divorces is the disposition of the marital residence. There are numerous questions that will arise and with each question comes potential for conflict. There is frequently a dispute over who keeps the house. Just as frequently, this dispute is rendered moot because the parties (neither party) […]

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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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Divorce in Older Couples: Trends and Statistics

September 30, 2013, by Collins & Collins, P.C.

For many years, divorce rates for older adults haven‘t been a prime research area. Indeed, in a recent study, Susan L. Brown, a sociologist at Bowling Green State University, explained that until recent scholarly activity, there was a “paucity of research on later life divorce.” Even when certain research modules did study later-life divorce, those […]

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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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Stopping the Financial Bleeding of Credit Cards in a Divorce

February 22, 2013, by Collins & Collins, P.C.

It is pretty well established that financial problems and stresses are one of the chief causes of divorce. In many cases, the financial issues are caused by both spouses. In others, it is only one of the spouses that is running up the debt of the family. Community Property Means Community Debt Many falsely assume […]

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Legal Separation in New Mexico – Advantages and Disadvantages

February 11, 2013, by Collins & Collins, P.C.

Legal separations are recognized and available in the state of New Mexico. Thus, an action for legal separation may be filed whenever both spouses have permanently and physically separated from each other. It is not uncommon for people to want a legal separation rather than a divorce. The thought of the permanency of a divorce […]

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Retirement Accounts Must Be Addressed In A New Mexico Divorce

September 28, 2012, by Collins & Collins, P.C.

New Mexico is a community property state, which means that all of the property acquired by a couple during their marriage, or earned by either spouse, during the marriage is considered equally owned by both spouses. Accrued or vested retirement account benefits are considered community property, which means that, upon divorce, each spouse is entitled […]

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Pet Custody Battles – More Common Than One Might Think

July 24, 2012, by Collins & Collins, P.C.

Imagine spending your life savings on legal expenses to regain possession of a pet after a breakup. Well, that is exactly what some are prepared to do to maintain possession or custody over the family pet. Though this may seem extreme to some. It is not for dedicated pet owners who view the pet as […]

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Community Debt After Divorce – Few Remedies to Protect Yourself After the Fact!

July 16, 2012, by Collins & Collins, P.C.

According to New Mexico law, all debts incurred during a marriage are considered to be community property and will be divided equally between the spouses during a divorce. Separate property is individual property acquired before the marriage through purchase, gift, inheritance, and property that has otherwise been legally established as separate property. What many people […]

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