While no one enters a marriage with their mind on separating, divorce is a sad fact of life for many couples. Whether it’s caused by irreconcilable differences, infidelity, or serious allegations of abuse, having the proper legal support during the process can’t be overstated.
That’s where Roybal-Mack & Cordova, PC comes in. Our team of skilled family law and divorce attorneys can assist you through every step of your divorce, whether you have a complicated financial situation or just want advice on how to best proceed. Santa Fe couples know they can depend on our legal guidance, as all decisions will be made with your best interests in mind.
In New Mexico, a divorce can be fault or no fault. When fault is cited during a divorce, a spouse will need to establish grounds for why it is taking place. For example, infidelity, abandonment, ill-treatment, and time spent in prison are all acceptable grounds for seeking divorce.
With no-fault divorces, couples don’t need to establish grounds for the divorce to be honored. This is where irreconcilable differences come into play, which is also known as “the irremediable breakdown of the marriage”. No-fault divorce is often preferred since it’s less contentious for all involved parties.
Property division is another difficult aspect of many divorces. Because New Mexico is a community property state, all items acquired during the course of a marriage are considered shared between both spouses. This shared marital property must be divided up equally between couples in the event of divorce.
Separate property is not included during the asset division process. However, spouses must go to great lengths to establish that property owned during a marriage should not be considered as marital property. For instance, not only will you need to show ownership in the form of a title or deed, you’ll also need to establish that the property was held separately during the course of your marriage.
Of course, there are many other considerations that must be made when getting divorced. You’ll also need to figure out custody and visitation, spousal and child support, as well as numerous other issues. These issues are rarely cut and dry, especially when factoring in the high emotional stakes associated with most cases.
Our family law attorneys help clients in New Mexico make sense of their divorces. We do so by helping you establish marital property, assist you in determining grounds for fault divorces, and ensure your children are safe and well cared for once the dust settles.
At Roybal-Mack & Cordova, PC, we’re happy to listen to client needs in order to create a personalized legal strategy. Call our Santa Fe office today at 505.832.3411 to discuss your case. You can also get answers to pressing legal questions by contacting us online.