In New Mexico, the law distinguishes between a “restraining order” and an “order of protection.” The main concept behind both is that a court needs to intervene on behalf of a person because someone else is “hurting, threatening or harassing” them. Restraining orders and orders of protection are similar because they are both entered by courts. These orders bind the person against whom they are issued from bothering or interfering with someone else. For example, they may prevent domestic violence, stalking, assault, or physical or mental abuse.
We frequently receive calls asking about how to get an annulment in New Mexico. There are two types of annulments: religious annulments and civil annulments. The two are very different in both how they occur and in their effect on the couple. A religious annulment is granted by a church. For example, the Catholic Church can declare a marriage annulled, or invalid, on grounds established by the Church.
Often, there is no logic in matters of the heart. If you are considering a divorce or separation, consider that you may not be able to predict or understand how the other person will react. Unfortunately, normally reasonable people sometimes try to exact revenge through any means necessary (and unreasonable people may be prone to do so). Many of us are familiar with some of these tactics, such as using children as pawns or destroying property. Fewer people are familiar with “insurance revenge,” which can inflict significant damage.
New Mexico is one of the few states that presumes that joint legal custody is in the best interest of a child. With a joint legal custody arrangement, each parent has significant periods of responsibility for the child and the parents work together to make major decisions about the child. But what happens when one of the parties asks to terminate joint custody? How do courts handle that situation? In making their initial determination about custody, New Mexico courts use the “best interest of the child” standard. Many factors go into this determination.
A common question we are asked has to do with the cost of getting a divorce in New Mexico. Unfortunately, it is very difficult to establish a specific amount because some marriages involve many more issues than others, such as children, property disputes, and prenuptial agreements. Also, the degree of conflict between the spouses significantly influences the cost of a divorce, known in New Mexico as a dissolution.
A central concept in New Mexico family law is that the way property is titled does not necessarily dictate who owns it, at least where spouses are concerned. This can be a difficult concept to come to terms with. Often, people understand it, but they don’t want to believe it.
In dire situations involving finances, married couples sometimes declare bankruptcy as a last resort. But this is never an easy process. The situation is even more complicated when a divorce or legal separation is impending and only one spouse files for bankruptcy protection.
After a petition for dissolution of marriage is filed, the court will issue a temporary domestic order. This order gives the parties general instructions about how to interact with each other, as well as how to deal with their finances, children, and property until the divorce is final. In addition, at this point in the proceedings, either party can ask the court to provide temporary relief.
Divorce, commonly called “dissolution of marriage” in New Mexico, brings about many changes. One great change is in financial status. Dissolution of marriage also means separation of a couple’s financial lives.
In a New Mexico dissolution proceeding, the court must determine how to divide the debt of the spouses. This generally requires the court to do three things: identify all debts, classify the debts, and divide the debts.