Getting a divorce in Albuquerque
Domestic violence has risen since 2007
As discussed in "Divorce in New Mexico," divorce ("dissolution of marriage") can be emotionally traumatic. When planning the end of a marriage, both parties would be wise to consider budgeting time and money for professional counseling. A compatible, trained divorce attorney can help with referrals.
Also, experts and legal authorities remind us that if the family equation includes domestic violence, the violence should be addressed immediately.
Addressing domestic violence
According to a 2010 article in the Albuquerque Journal, domestic violence and requests for protective orders have risen since 2007, paralleling the economy's drift southward:
District Attorney Kari Brandenburg said [in August 2010] a poor economy always seems to drive up the rate of domestic violence crimes, as well as crimes against children, but she couldn't say for sure that's what is causing the recent surge.
"It could be that more police are reporting cases and are giving information and appreciating the seriousness of the situation," Brandenburg said. "But it's really hard to break that down."
Also, the number of violations of protection orders, or restraining orders, has increased by about 26 percent since 2007.
A 2008 report on Domestic violence in New Mexico can be found here. Other online resources include:
- a domestic violence resource book;
- Enlace Comunitario;
- Domestic Violence Resource Center;
- Legal FACS, which also provides a flowchart of the divorce process.
According to the FACS site, the rarely invoked process of annulment can happen "[u]nder very limited circumstances, a judge may declare a marriage 'void.' This might happen when relatives within the prohibited degrees get married or with marriages 'between or with infants under the prohibited ages.' For more information, see Section 40-1-9 of the New Mexico Statutes and consult with an attorney.
Also, New Mexico law provides for legal separation: "Instead of getting a divorce, some people choose to get a legal separation. With a legal separation, a couple chooses not to live together as husband and wife, and either one may ask the court to divide their property and to make a decision with regard to child support, child custody and spousal support. Be aware that a legal separation does not constitute a divorce and, therefore, you and your spouse are not free to marry another person. Note that, in some districts, if you file for a legal separation and you later seek a divorce, you must file a new case for a divorce. Some districts may convert a separation into a divorce case."
Need for an attorney
According to the Second Judicial District Court, "An uncontested divorce is a divorce where both parties have already discussed and agreed on the property distribution and on child custody and support arrangements. If you have not agreed on these matters, you need either to come to an agreement before using these forms or seek the advice of an attorney."
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