Wolf & Fox, P.C.

Albuquerque Family Law Blog

How do assets get divided during a divorce in New Mexico?

Over the course of your marriage, you may have worked tirelessly to accumulate the assets and property you have today. You may have even worked harder than your spouse. But now that you’re getting divorced, what will happen to those assets?

Every state has its own rules dictating how the court will divide your assets, but they generally fall into two categories: community property and equitable division.

Do I qualify to receive spousal support?

Whether your marriage lasted just a relatively short while or you made it to your retirement years, moving on from it can be financially challenging, especially if you depended on your spouse to meet your economic needs. Thankfully, the state of New Mexico allows for the awarding of spousal support to those who need monetary assistance after their marriages have come to an end.

Am I eligible to receive alimony? How much will I get? How long will my ex have to support me?

Bird nesting: Is it the right custody solution for your children?

One of the most contentious aspects of your divorce is the child custody battle. The ultimate goal is to promote the welfare of your child, which often involves minimizing the impact your divorce has on their childhood and development. But no matter how you work a joint custody agreement, your child will almost always be affected.

This is where bird nesting, or just nesting, can be beneficial. Rather than having your child move between both parents’ houses, nesting involves giving your child custody over the house so they never have to leave. You and the other parent then have your own apartments, and split time in your children’s home as you normally would.

The do's and don'ts of using social media to hire job candidates

The rise of social media has changed the playing field for businesses across the country. Not only are more employers monitoring social media for their current employees, but more are using it for hiring as well.

Surely, looking at social media accounts can reveal important information about whether or not a candidate is a good fit for your business. But employers need to be wary, as new laws continue to be passed to protect privacy rights when it comes to social media. Consider these social media do’s and don’ts.

When do you need a DNA test to establish paternity?

Many divorces that involve child custody or child support assume that paternity is already established. That’s because in New Mexico, the court presumes that a man is the father if the child was born during the marriage. But what happens in child support or custody cases where the couple is not married?

The truth is, DNA testing is only required to establish paternity when both parties disagree about the identity of the father. In many cases, a simple agreement from both sides can establish paternity by filing a petition with the courts.

Child Custody 101: Why you probably won’t get sole custody

During highly contested divorces, parents may choose to fight for sole custody of their child. In the past, sole custody used to be more prominent. However, New Mexico family judges today typically assume that joint custody is in the best interest of your child.

Joint custody does not assume a 50/50 split between physical and legal custody. The exact child custody terms depend on a number of conditions, and could rely very heavily on the child’s preferences if they are over 14. In the majority of cases, however, your parenting plan will include some form of joint custody between both parents.

What does a court look at when it comes to determining custody?

Being a parent comes with numerous challenges, even when everything goes smoothly. When parents decide to end their marital relationship, the thought of raising children apart in a way that provides them with the love, support and security they need can feel like an impossible task.

Fortunately, society's views on raising children have evolved to a point where both parents are encouraged to have as much contact and involvement in their children's lives as possible through any number of custody arrangements. In fact, parents often develop their own custody arrangements and parenting plans in order to facilitate a post-divorce relationship that allows them to compromise and cooperate, especially when it comes to the children.

Reference To Leave Of Absence Makes Termination Unlawful

A decision issued in March in federal district court illustrates how critical it is for businesses to never use an employee's entitled leave of absence as a reason for termination.

The case involved an individual was hired by a financial institution as a sales consultant. The employee underperformed in her job by not reaching her sales goal. After failing to show improvement, she was issued a formal warning.

How To Prevent Strategic Mistakes During Your Divorce

Divorce proceedings are filled with potential mistakes that can have massive consequences. Below are six tips for preventing a strategic blunder.

Do not hide assets. Trying to hide assets is not worth the risk. If and when the court discovers you were acting in a fraudulent manner, your credibility will be in tatters.

What Is The Difference Between Physical And Legal Custody?

In the context of divorce, most people have a general understanding of what custody is. However, many people do not know there are two main types of custody: physical custody and legal custody.

Physical and legal custody are an integral part of child custody determinations, so it is important to understand what the terms mean. This post explains them.

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