In some states, a dissolution of marriage is similar to a separation in that it does not legally terminate the marriage. In other states, dissolution of marriage refers to the process of dissolving a marriage without court intervention, which is possible when a couple agrees to all the terms of the dissolution. In New Mexico, as in most states, dissolution of marriage is simply a fancy way of saying “divorce.” Because divorce and dissolution are one and the same, it may be worth your while to consult and work with a Santa Fe family law attorney regarding divorce issues.

Issues To Address in Your Dissolution

Before you and your spouse can dissolve your marriage, you must make decisions regarding the major divorce matters:

  • Property Division: Because New Mexico is a community property state, a divorce judge will divide marital property 50/50. Marital property is anything you or your spouse purchased during your marriage, regardless of who made the purchase or whose name is on a title.
  • Alimony: The judge will consider several factors when deciding whether alimony is necessary. Factors include the age, health and earning capacities of each spouse. He or she will also look to the duration of the marriage, the reasonable needs of the party and the lifestyle established during the union.
  • Child Custody: The court will award child custody based on what is in the best interests of the child. Factors a judge may consider include the wishes of the child; the mental and physical health of both parents; the child’s attachment to his or her home, school and community; and the interrelationship of the child with his or her parents, siblings and other household members.
  • Child Support: The judge will use the state’s child support guidelines to calculate the correct amount of child support the non-custodial parent must pay.

Each of these matters, along with others that may crop up during mediation, arbitration or litigation, can be more easily settled if you and your spouse have a prenuptial agreement.

Work With a Dissolution of Marriage Attorney

Unless your divorce is extremely simple — meaning you and your spouse agree on everything — you may want to hire a Santa Fe divorce lawyer. Roybal-Mack & Cordova, PC has helped countless couples reach an agreement with which both parties are satisfied. Ideally, we strive to settle divorces through mediation or arbitration, two processes that are quicker and more cost effective than litigation. Alternative dispute resolution is also beneficial in that it allows both parties to maintain control over the outcome of the divorce. However, if ADR does not work, we are prepared to go to court on your behalf and fight for the outcome you desire.

Though divorce is never easy, an experienced divorce lawyer can make the process much less stressful. When you and your spouse are ready to dissolve your marriage, contact Roybal-Mack & Cordova, PC today.

Dedicated Advocacy. Meaningful Results.

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