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New Mexico Divorce Questions & Answers
0 Answers | Asked in Divorce for New Mexico on
Q: My wife and I need a Spanish-speaking attorney to explain NM divorce law.

My wife is from Peru. We have agreed to divorce, but she needs to make sure she understands the legal parameters of NM law and what her options are, specifically with regard to the division of assets.

2 Answers | Asked in Arbitration / Mediation Law and Divorce for New Mexico on
Q: I had to be co-hirer for arbitration company. After completion I discovered a 3rd party was involved . Is that legal?

The arbitration person never informed me that the opposing side had a third person involved! Should the arbitration be declared illegal??

Tim Akpinar
Tim Akpinar
answered on Jan 21, 2024

I agree with my colleague. It could depend on the rules of the forum and role of the third party. In American Arbitration Association arbitrations, I've had hearings involving third parties (insurance matters, not your specific setting). You could check with the forum's rules. You... View More

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1 Answer | Asked in Divorce, Real Estate Law, Estate Planning, Family Law and Probate for New Mexico on
Q: Hello I was married for 20 years then divorced wife got everything now she's passed on do I get what I worked for back

Like the house the property and there was no will and we have two kids

T. Augustus Claus
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answered on Jan 10, 2024

In New Mexico, when a spouse passes away without a will, the state's intestate succession laws come into play to determine how the deceased's assets are distributed. Since you were divorced from your wife, and assuming she did not update her estate plan after the divorce, you might not... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for New Mexico on
Q: Do I have any right to money from the sale of the house my ex husband is selling when he never removed me from the deed

We bought the house in 2019, divorced in September 2022 when I moved out. He had until Nov 1 to remove me from the deed but never did. Now he’s selling and wants me to sign the paperwork to remove me from the deed.

T. Augustus Claus
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answered on Oct 24, 2023

In a situation like this, the division of proceeds from the sale of the house typically depends on the divorce settlement agreement or court orders. If your divorce decree outlines how the property should be handled and whether you're entitled to a share of the sale proceeds, that agreement... View More

1 Answer | Asked in Divorce and Family Law for New Mexico on
Q: If I was married in california and now separated from spouse and live in new mexico, can I get my divorce here?
T. Augustus Claus
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answered on Sep 14, 2023

In New Mexico, you can file for divorce if you meet the state's residency requirements. Generally, at least one of the parties must be a resident of the state for a certain period before filing for divorce. Given that you were married in California and now reside in New Mexico, you may be... View More

2 Answers | Asked in Family Law and Divorce for New Mexico on
Q: I am married contemplating divorce. What are my rights as far as receiving any pension, social security benefits, etc.

My husband lives and works in Germany where he has been for the last 10+ years. I lived in our home in Austin, Texas up until June 2017 when I moved to Santa Fe. We still own the home in Austin, with tenants. We have one grown child.

We are trying to figure out how best to divide everything.

Gary William Boyle
Gary William Boyle
answered on May 22, 2019

The answer to your question will depend on counsel gaining a thorough understanding of all of the complicated facts associated with your situation. There are, however, some general concepts that may be helpful.

1. All of the assets you acquired during the marriage (except those acquired...
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1 Answer | Asked in Divorce for New Mexico on
Q: In a divorce case motion to compel hearing can I request we skip mediation and just have the judge decide based on fact?

My husband has sold equipment worth $10,000 and has taken all of our possessions off the property and he refuses to comply with discovery or an order to relocate property. His attorney when I attempted to meet and confer has just blown me off telling me we need mediation. Things can't be... View More

Carlos N. Martinez
Carlos N. Martinez
answered on Feb 4, 2019

You can request that the court hold a pretrial conference and request a trial date at the same time. It is customary for courts to send the parties to mediation to see if they can come to some sort of agreement, however if that does in fact fail, then the court generally will set a trial date.

1 Answer | Asked in Divorce for New Mexico on
Q: Can my spouse take residential property.

I was living in the residence for 15+ years prior to marrying. My father sold us the property as a married couple. the residence is next door to my elderly parents so that I could be close to them for care as they age.

During the purchase of the property, my husband and I signed the... View More

Carlos N. Martinez
Carlos N. Martinez
answered on Feb 4, 2019

The general rule in New Mexico is that you are entitled to 50% of all community property. Community property is anything that you've acquired during your marriage. Regarding leaving the home, the general rule is that the status quo must be maintained throughout the proceedings. Since it... View More

1 Answer | Asked in Divorce for New Mexico on
Q: My husband put his girlfriend on his account can I ask thru a motion that she be removed until the divorce is final
Carlos N. Martinez
Carlos N. Martinez
answered on Feb 4, 2019

It depends on what type of account you are talking about. If he has put her on a community account, then you could potentially prevent it via a motion to the court, dependent on other surrounding circumstances.

1 Answer | Asked in Divorce for New Mexico on
Q: Can someone please help me understand what a 'mixed decision' means in a divorce judgement? thank you
Jeff Grandjean
Jeff Grandjean
answered on Nov 9, 2017

A mixed decision usually means that the judge ruled in one party's favor on some issues, and in the other party's favor on other issues, or even that on individual issues the judge didn't rule entirely the way either party wanted but somewhere in the middle.

1 Answer | Asked in Divorce and Family Law for New Mexico on
Q: If I am pregnant can we still continue divorce?

We both have significant others. And have been separated 8 months and having pending court dates.

Santo Artusa Jr.
Santo Artusa Jr.
answered on Jan 24, 2017

Yes, you can still proceed with a divorce if pregnant.

1 Answer | Asked in Divorce and Family Law for New Mexico on
Q: My husband divorced me for five months. We have been together a total of ten years. Does the 5months matter legally?

Matter as in length of time married for alimony, settlement, SS etc..

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 6, 2015

Divorces are permanent. They don't last for only 5 months, unless the parties subsequently re-marry.

Assuming that's what you mean, for purposes of a new, second divorce, the length of the second marriage is what would matter.

1 Answer | Asked in Divorce for New Mexico on
Q: How do I amend my divorce decree concerning allowing me to move my children out of the state of new mexico
Parrish Collins
Parrish Collins
answered on Oct 2, 2013

In the absence of agreement by the parties, relocating to another state with children is no simple task. It will require a hearing at a minimum. Depending upon the situation, it may require the appointment of an expert psychologist. It can be a lengthy process and should be started early, well... View More

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