A divorce is basically the dissolution of the marital community. It results in the division of the community assets, property and debt. In cases where there are children, it divides the time that each parent will have with the children. Even in uncontested divorces, the process can be stressful and emotionally trying.
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New Mexico is a Community Property State
It is important to understand that New Mexico is a community property state so that each party is entitled to one-half the community property and assets, and is also responsible for one-half of the debt.
Any property and debt that is taken on during the marriage is belongs to the community and is divided equally during the dissolution of marriage. Both community property and community debt will raise a host of issues.
The difficult part of this process even in the best of circumstances is attempting to identify, valuate and equally divide the property and debt of the parties. This will on occasion require the assistance of experts such as CPA’s, real estate appraisers, investigators and others depending upon the circumstances
These issues are often very hotly contested in a divorce action. In fact, this can at times be the most difficult and challenging part of a divorce. Depending on the circumstances surrounding the divorce and the parties, it is often wise to act quickly to protect your rights and your property.
New Mexico, Unlike Some States, Favors Joint Child Custody
New Mexico also favors joint custody of the children. This does not necessarily mean equal time, but it does mean equal involvement in the important decisions affecting the children. This is often the most stressful and emotional part of any divorce. It can also be the most expensive.
High conflict custody cases can go on for years, involving countless attorney hours, motions, and hearings. In particularly heated cases, the court will appoint psychologists and even third party attorneys for the children (Guardian Ad Litem) to protect the welfare of the children.
Avoiding the High Conflict/High Cost Divorce
Collins & Collins, P.C. works to keep your case from turning high conflict. However, we also recognize that conflict is unavoidable at times, and when that time comes, we will fight very aggressively for your rights. If you and your spouse can work together, your case can have a quick and relatively painless resolution.
If you and your spouse cannot work out your issues, particularly issues regarding child custody and support, your case could go on for years. Obviously, for both your peace of mind and your financial well-being, it is preferable to work out a resolution of your case with your spouse without the necessity of ongoing court intervention.
The pages here should prepare you for the process ahead. Because your case is unique, with unique issues and circumstances, we invite you to contact us to discuss your case. You can contact us by phone, email, or by filling out the form on this page if you for a free no risk review of your case.