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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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Mediation in New Mexico Divorce: Many Advantages Though Expectations Should be Kept in Check

May 1, 2013, by Collins & Collins, P.C.

In a divorce, there is always the option for early mediation if the parties are amenable. In order to decide whether or not to mediate, it is important to know the basics of mediation in a divorce setting. It is equally important to know what to expect. Mediation in divorce is often referred to as […]

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Settling a Divorce Case in Mediation Does Not Mean Settling Differences

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

Mediation is commonly used in every area of the law. In fact, most courts require at least an attempt at mediation before a case can go to trial. This is no different in family law cases. In fact, mediation in divorce and family law cases is both required and highly effective. Mediation in divorce and […]

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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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Divorce Ceremonies Gaining Popularity

June 18, 2012, by Collins & Collins, P.C.

While it may sound a bit strange at first, divorce ceremonies are beginning to gain recognition as a way to help children cope with their parents‘ divorce and a way to reaffirm parents‘ commitment to raising their children as a parental unit. A recent MSNBC article discusses this new trend. First off, divorce ceremonies are […]

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Do I Need a Divorce Lawyer? Different Ways to Approach Your New Mexico Divorce

June 14, 2012, by Collins & Collins, P.C.

It has become common knowledge that nearly 50% of marriages in the United States end in divorce. When it comes to divorce in New Mexico, there are a variety of ways to approach the divorce process, which can be broken down into three general categories: litigated divorce, collaborative divorce and a Pro Se divorce. These […]

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Uncontested Should Not Mean Sloppy in New Mexico Divorce Proceedings

March 21, 2012, by Collins & Collins, P.C.

The idea of an uncontested divorce is commonly misunderstood. The idea of an uncontested divorce is obviously appealing but not always practical or achievable. A distinction must be drawn between contested and high conflict. There is a very significant difference between the two. Divorce is generally difficult; even an amicable divorce can become complicated. Since […]

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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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Health Insurance Status Upon Filing for Divorce

October 17, 2011, by Collins & Collins, P.C.

Individuals contemplating divorce often, and rightfully, are concerned about the status of their health insurance. Health insurance is frequently carried by one or the other spouses through their employment. The question that most frequently arises is whether one spouse can cancel the other from their employer based health insurance upon filing of divorce. The answer […]

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Poverty and Children of Divorce

October 4, 2011, by Collins & Collins, P.C.

There are many changes that result in the lives of individuals after divorce. One of the more obvious is the transition to a one-income household. The financial hardship that can occur may have some surprising consequences, particularly for the children involved. The National Center for Children in Poverty (NCCP) defines poverty as the inability “to […]

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