Brett Surbey is a corporate paralegal and freelance writer based out of Alberta, Canada. His work has appeared in Publishers Weekly, Canadian Mortgage Trends, Industry West Magazine, and various academic journals. He lives with his wife and two children.
Brett Surbey
Brett Surbey is a corporate paralegal and freelance writer based out of Alberta, Canada. His work has appeared in Publishers Weekly, Canadian Mortgage Trends, Industry West Magazine, and various academic journals. He lives with his wife and two children.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Splitting assets, deciding on child custody and visitation rights, working out alimony and determining how to file your divorce papers are just a few of the things you need to think through when your marriage is dissolving. It can feel overwhelming to balance all of these decisions along with your everyday life.
Thankfully, divorce lawyers are available to assist you. Here are the best divorce lawyers in Albuquerque to help you through your divorce in the best shape possible.
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Best Divorce Attorneys in Albuquerque, NM
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Filing For Divorce in New Mexico
Below is a brief summary of divorce laws, procedures and processes you should be aware of when filing for divorce in New Mexico. If you have any questions about the divorce process, reach out to your attorney for clarification.
New Mexico Divorce Requirements
New Mexico has generally light divorce requirements compared to other states. Spouses need not be separated in order to file for divorce. They only need to show that their marriage has broken down due to incompatibility—meaning that the spouses have irreconcilable differences.
One of the spouses needs to have lived in the state for at least six months—and have a domicile—prior to filing for divorce, with some exceptions. A domicile simply means that one spouse has a residence in the state, has the intent to stay in the state permanently or indefinitely and is physically present there. Military personnel who are stationed in New Mexico for a period of six months are deemed to have a domicile in the state.
Types of Divorce and Separation in New Mexico
The types of divorce in New Mexico are straightforward and more flexible than in some states. New Mexico allows for the following types of divorce:
- Fault divorce: One party is proven to be at fault for the dissolution of the marriage through cruel and inhumane treatment, abandonment or adultery.
- No-fault divorce: No fault is alleged, only that the marriage broke down due to irreconcilable incompatibility between the couple.
- Contested divorce: When parties do not agree on all matters in their divorce, including child visitation rights or division of the marital property.
- Uncontested divorce: When both parties agree on all aspects of their divorce.
Child Custody, Support and Visitation in New Mexico
When it comes to child custody and support, New Mexico law has the assumption that joint custody is the best option for the children as long as that is in the best interest of the child. Joint custody does not necessarily mean each parent will get equal time with their children, but it does mean each parent will be involved in their lives in some manner.
If the couple or the court decides that joint custody is not an option, the court decides custody based on the best interests of the child—including a variety of factors, including the child’s relationship with each parent, their age and the physical and mental health of each parent.
If the child in question is 14 years old and above, their wishes will also be considered.
New Mexico requires both parents to support their children financially after a divorce. The exact amount of support required from each parent is calculated based on each spouse’s adjusted gross income. Support is then paid proportionate to the income each spouse brings to the table.
For example, if Spouse A makes $5,000 a month and Spouse B makes $2,500, their total adjusted gross income is $7,500, of which Spouse A makes up 60%. This means Spouse A is required to pay 60% of the child support amount, which is $860 based on the New Mexico Basic Child Support Table, or $516.
These basic amounts may be changed depending on the visitation schedules and the type of custody each parent has.
Property Division in New Mexico
New Mexico is one of nine states that follow community property laws rather than equitable distribution when dividing property. Basically, this means that any property—or debt—acquired during the marriage is considered the couple’s community property and generally split evenly.
Any property acquired before the marriage is typically considered separate and is not divided. Though property is usually split 50/50, a judge will consider several factors to determine how it is divided—the split may not always be equal.
Spousal support is decided either by agreement of the parties or by the court. A judge weighs factors such as age and means of support for each spouse, their current and future earnings, reasonable needs and the duration of the marriage.
Filing and Serving Your Divorce Papers
To begin the divorce process, file a Petition for Dissolution of Marriage—with or without children—at the district court in the county where one of the couple resides. You can find the applicable court on the Judicial Branch of New Mexico website. For a full list of applicable forms, review the Divorce Forms section of the Judicial Branch of New Mexico website. You will also need to pay a filing fee.
After completing the required forms, you are required to notify your spouse by serving them with the documents. The easiest way to do this is to send the papers by certified mail, return receipt requested. Service can also be done in person with the following rules:
- An individual over 18 must serve the papers if they are not a party to the divorce
- One spouse cannot serve the other
- A family member of a spouse may serve papers
- A sheriff can serve papers for a fee
A spouse can agree not to be served by signing an Acceptance of Service before a notary.
Finalizing Your Divorce
Once all the required divorce papers have been served on your spouse, there is a 30-day waiting period before the divorce can be finalized. If the spouses do not have minor children, this waiting period can be waived.
To finalize the divorce, a judge needs to sign the submitted Final Decree of Dissolution of Marriage. This lays out the agreed upon terms for the divorce such as how assets will be divided, if spousal support will be given and child custody or visitation rules.
How Can an Attorney Help You?
An attorney can help you stay focused on doing what is in your best interests and help you navigate paperwork that comes with the dissolution of your marriage. They can answer any questions you have, draft a settlement agreement when required and file any additional orders or motions as needed.
Even if your divorce is uncontested—meaning both parties agree on all issues—a skilled divorce attorney can present with you various options on how to proceed.
How to Find the Best Divorce Lawyer in Albuquerque
Finding a lawyer who is both highly competent and best suited to your needs is not an easy task. Here are a number of factors you should keep in mind when reviewing potential divorce attorneys.
- Compassionate: Going through the dissolution of your marriage is an emotionally trying time, to say the least. Finding a lawyer who has empathy for your situation can help the process go smoother.
- Specific expertise: Not every divorce is equal, especially when it comes to child custody or property division issues. You want an attorney who has direct experience in your matter, such as in high-profile asset division or complex child custody cases. General experience does not always cut it for complex divorce proceedings. If you wish to avoid court, make sure a potential attorney has experience in arbitration or mediation.
- Fees: Before hiring a lawyer you should know exactly how they charge.Take special care to note whether they use a retainer fee schedule and if so, how much of your settlement or award they will take.
Methodology
To come up with the best divorce lawyers in Albuquerque of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
As Hard As Divorce Might Be, An Online Divorce Service Can Make It Easy
Let a professional, reasonably priced online divorce service help you with all matters pertaining to your divorce.
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Frequently Asked Questions (FAQs)
Is New Mexico a no-fault divorce state?
New Mexico offers fault and no-fault divorces for couples wishing to dissolve their marriage. The only ground required for a no-fault divorce is incompatibility, meaning the spouses cannot get along. You can also get a fault divorce under three grounds: adultery, cruel and inhumane treatment and abandonment.
How long does a divorce take in New Mexico?
The timeline associated with a divorce depends on how much can be agreed upon by the couple, such as dividing the couple’s assets, custody and visitation rights, and alimony. If a couple agrees on everything, a divorce may only take a few months. However, if court dates are required to sort out issues, the process could take over a year.
How long do you need to be separated before you can get a divorce?
Unlike in other states, couples are not required to have lived apart for any time before filing for divorce in New Mexico. However, at least one spouse needs to have lived in the state for at least six months, with the intention of staying there permanently or indefinitely.
