Family Law Attorney in Las Cruces

Dedicated Representation for Family Law Cases

Family law matters often deal with some of the most complex and challenging issues. Many times, what may seem like a straightforward case between amicable parties can become contentious over a single term of a proposed agreement. Without legal representation, your interests may not be represented, and you may receive a less than favorable outcome in your case.

Types of Family Law Cases

Family law involves a wide range of different types of cases. Each case may be comprised of a number of issues that can deeply impact your life and the lives of your loved ones.

Types of family law cases:

Divorce: Divorce, or the legal termination of a marriage, is difficult for many people to even consider, but in some cases, it may be the best option for a couple. New Mexico recognizes both fault and no-fault divorces. In order to file in the state, one or both spouses must meet residency requirements.

Custody and visitation: Family law courts also hear matters related to child custody and visitation. In all custody and visitation cases, the court will make a determination based on what it feels is in the best interest of the child.

Child support: The court will make a determination on how much support should be paid to the custodial parent by the non-custodial parent. While there are child support calculators that can give you an idea of how much you might pay, the court may deviate from the guidelines depending on the circumstances of the case.
Domestic violence: Certain domestic violence issues, such as protective orders, may also be addressed in the family law courts. If you are in danger or under threat of harm, you need to call 9-1-1.

Adoption: Adoption cases are handled by the Family law courts. In order to ensure that you receive the desired outcome in your case, it is strongly recommended that you consult with an attorney as early in the process as possible.

Guardianship: If a child’s parents are unwilling or unable to be their advocate, the court may allow a non-parent to become the guardian of the child.

Many family law cases require innovative solutions. They can be turbulent and costly. A simple paperwork error may cause a delay that costs you weeks or even months. Working with an attorney can help prevent these delays, saving you time and money.

What to Know About Divorces in Las Cruces

New Mexico requires that individuals meet a residency requirement before they can file for divorce in the state. You or your spouse must have lived in the state for six months prior to filing in order to file for divorce. You must also have a domicile or home in the state.

If you meet the residency requirements, you may file for a fault or no-fault divorce. A no-fault divorce is usually based on irreconcilable differences or incompatibility. In order to prove a fault-based divorce, you must establish grounds for the divorce. Grounds may include cruel and inhumane treatment, adultery, and abandonment. (N.M. Stat. § 40-4-1)

Divorce proceedings can be complicated. Once you meet the residency requirements, you must ensure that all of the legal paperwork is filled out correctly and filed in the correct court. Failure to meet any of the requirements can cause significant delays in your case.

Protecting Your Children’s Interests and Their Future

Another aspect of family law that can often be difficult for families are child support and custody matters. Child support is issued to a custodial parent. It is determined by the court using a guideline, although the court may deviate from the guidance based on the individual circumstances of the case.

Child custody and visitation may also be determined by the court if it cannot be agreed to in a parenting plan. The court will determine legal and physical custody of the child. When determining the amount of time that the child or children will spend with each parent and who will be responsible for making decisions on behalf of the child, the court will always consider what it believes is in the child’s best interest first.

Do I Need to Hire an Attorney for a New Mexico Family Law Matter?

In most cases, it is not a legal requirement that you retain legal counsel to handle your family law matter in Las Cruces, New Mexico. However, it is strongly recommended. The clerks and staff at the court are unable to provide you with legal advice on your case if you file your own paperwork. Therefore, it may end up costing you time and money if you try to do it yourself.

Additionally, under many circumstances, what is at stake in a family law case is substantial. The orders that are handed down may affect your assets, your custody rights, and many more aspects of your life. An attorney works as your advocate, ensuring your rights and interests are protected throughout the process.