Three of the Most Important New Mexico Divorce Facts To Know

two gold rings beside a gavel

Like with any legal procedure, divorce is almost always rife with negative emotions, which makes the already-complicated and complicated process even more difficult.

This is especially true when there is a possibility of the other party contesting allegations and fighting for child custody and parental rights.

Divorce: Why it warrants legal expertise

It’s for this reason that you shouldn’t think about handling the dissolution of your message on your own. Even before you take the first step of filing, you should have already chosen one of the more experienced Albuquerque divorce attorneys to help you with your case. And of course, it pays to have at least the basics down, so that you can enter the world of marriage dissolution knowledgeable and more prepared to fight for your rights.

New Mexico’s grounds for divorce

Unlike other states which are either purely no-fault or fault states, New Mexico acknowledges both. In other words, you can choose to use the “irretrievably broken marriage” grounds or, if you wish to have an advantage over child custody, use fault grounds. Many who file for a divorce also use fault grounds for disputing marital property division or an alimony amount.

When child custody is a matter for dispute

A good enough reason not to tackle divorce on your own is when you want and need to gain an advantage over child custody rights. Like all other states, the Land of Enchantment also follows the “best interests of a child” model when determining custody matters. The state courts start the process with a presumption or a legal assumption that it’s in the best interest of a child to remain in continuing contact with both parents as frequently as possible, during and after a divorce. As such, the judges usually favor a joint custody arrangement.

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But a joint custody isn’t always the best approach, especially when there’s history of neglect or abuse from a parent. Since you only want what’s best for your children, which means not exposing them to further potential harm, it’s best that you fight custody matters with the help of a divorce attorney.