What Type of Temporary Relief Can You Get in a NM Dissolution?

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.

Because it takes some time to go through a divorce, New Mexico law gives family courts the authority to make interim rulings in the case. This includes the ability of the court to provide temporary assistance pending the outcome of the case.

Under the law, the court can issue an order or orders on the following topics:

  • temporary divisions of property, such as who will stay in the family home or have the temporary right to drive a vehicle;
  • temporary divisions of income and debts, to govern how bills will be paid pending the outcome of the divorce;
  • temporary child custody, which determines items such as where the children will go to school and how their medical care will be handled;
  • temporary timesharing or visitation, which mandates where the children will live and how and when visitation will occur;
  • temporary child support, which governs which parent will pay child support, as well as the amount of child support; and
  • temporary payment of an attorney, which allows a spouse to use community funds or credit to pay for his or her attorney.

If temporary relief is granted by the court, the parties must abide by that order unless and until the court changes it. Changes can only occur when a new order is entered by the court, usually after the parties agree to it or one of the parties asks for a change.

An experienced New Mexico family lawyer can help you understand what type of temporary relief you can obtain in your New Mexico divorce proceeding. If you have questions, contact the Lightning Legal Group. We’ll help you get the best result possible for you and your children. Contact us today at (505) 247-2390 for experienced legal advice.


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