Las Cruces Divorce Lawyer

Know The Grounds For Your Divorce

A dissolution of a marriage or divorce is a process that legally terminates the marriage. While ending a relationship is never easy, it may be what is in the best interest of all parties in some cases. It is important to discuss your rights with a Las Cruces divorce lawyer to ensure that they are protected.

The Aranda Law Firm understands the delicate nature of family law matters. We are here to help you and your family achieve a positive outcome and to protect your interests. If you are considering filing for divorce, you need to speak with a divorce attorney today. Contact the Aranda Law Firm at (575) 386-5100 to schedule a consultation today.

Types of Divorce in New Mexico

New Mexico generally recognizes two types of divorce: contested and uncontested. Uncontested divorces are usually easier and faster to resolve. In an uncontested divorce, both parties agree to the terms of the marital settlement agreement.

Contested divorces, on the other hand, can take longer to resolve. In a contested divorce, the parties do not agree on one or more terms, such as how the property of the marriage should be distributed.

It is strongly recommended that both parties retain legal counsel even if they are filing an uncontested divorce. A divorce lawyer in Las Cruces can help ensure that the process goes as smoothly as possible.

Grounds for Divorce

New Mexico allows individuals to file for no-fault and fault-based divorces. A no-fault divorce is when a party states that the marriage failed due to incompatibility. If you are filing a divorce based on incompatibility, you must state that there is no reasonable expectation of reconciliation with your spouse.

A fault-based divorce is when the person filing the divorce claims that the other spouse’s actions caused the marriage to end. New Mexico recognizes three legal grounds (or reasons) for a fault-based divorce. A divorce may be granted due to cruel and inhuman treatment, adultery, or abandonment.

Divorce Requirements in New Mexico

In addition to establishing grounds for divorce (such as incompatibility), a person must meet certain residency requirements.

The residency requirements for filing for divorce in New Mexico include that either party has resided in the state for the previous six months and has a domicile in New Mexico.

If you are unsure whether you meet the residency requirements, you need to speak with a Las Cruces divorce lawyer today.

Commonly Contested Issues in a Divorce

Because dissolution of marriage can deal with extremely sensitive issues, such as where a couple’s children will reside, things can quickly become contentious. Oftentimes, the terms of a divorce are disputed, causing significant delays in the process. Luckily, a trusted family law attorney can assist you through the process.

Commonly contested issues in a divorce include:

Child custody
Child support
Spousal support (alimony)
Distribution of the property
Division of the assets

A knowledgeable divorce lawyer will help guide you through the process, ensuring that you receive the best possible outcome in your case.

Divorce Frequently Asked Questions

Do I Need an Attorney for an Uncontested Divorce?

While you are generally not legally required to hire an attorney for a divorce proceeding, it is usually in your best interest, even if the divorce is uncontested. A simple paperwork error can cost you time and money. A Las Cruces divorce attorney can help to make sure that all of the forms are completed properly and filed timely.

Will I Receive Alimony or Spousal Support?

Under some circumstances, a judge will grant the payment of spousal support or alimony. The best way to determine whether you are eligible for spousal support is by speaking with an attorney. Spousal support may not be granted in every case, which is why you need to consult with an attorney. The judge will determine for how long the support is granted and the amount that will be paid.

Do I Have to Have a Legal Reason for the Divorce?

New Mexico recognizes both fault-based and no-fault divorces. In order to file a no-fault divorce, you must list the reason as incompatibility. If you want to file for a fault-based divorce, you must be able to prove that the marriage ended because of cruel and inhuman treatment, adultery, or abandonment.

Considering Filing for Divorce? Contact the Aranda Law Firm

Are you considering filing for divorce in New Mexico? Contact the Aranda Law Firm to schedule a consultation. Get legal representation you can trust. Call (575) 386-5100 to discuss your case with a knowledgeable divorce attorney.

In a divorce, there are many issues that must be addressed. Many of these issues are emotional and can cause a deep divide between the parties. A Las Cruces divorce lawyer can advocate on your behalf and work towards resolving the matter as quickly as possible. Whether you are considering filing or have been served with divorce papers, the Aranda Law Firm is here to help.