We are often asked “What can I do to move my case faster?” To answer this question one must understand the various factors that go into answering this question. First, there is the court’s docket …
Transmutation…What You Need to Know
The general rule is that property takes its form at the time it is acquired. However, property can change from community to separate and vise versa. During a marriage the character of property can change …
What is Separate Property?
In general, separate property is any property, real or personal, acquired before marriage, after divorce, by gift or inheritance during marriage, or during marriage with separate property funds. Further, any income made from a spouse’s …
Community Property is Presumed
Community property is a classification of property under which most property acquired during the marriage, is owned jointly by both spouses and is divided upon divorce, annulment, or death. Joint ownership is automatically presumed by …
Rule 1-123
Why is it important to understand a particular rule when it comes to family law? It’s important because this rule, Rule 1-123, sets the tone for your entire case. Rule 1-123 can assist in strategy …
Temporary Domestic Order
People are often confused by the terms used in family law. Ex parte order. Temporary Domestic Order. Temporary Order of Protection. Restraining Order. All of these terms, plus others, can bring a lot of confusion. …
Ex Parte Restraining Orders
Under New Mexico’s Family Violence Protection Act we find a process that offers both relief and frustration for those faced with domestic violence issues. The relief comes in the form of immediate action from an …
What is Spousal Support?
When a married couple gets a divorce, the court may award “alimony” or spousal support to one of the former spouses, based either on an agreement between the couple or a decision by the court …
Things to do After the Final Decree
Many people think about how to handle divorce or custody or child support issues during the pendency of a case. However, few people give consideration to what happens after the Final decree. Here are some …
Understanding Marital Settlement Agreements
A Marital Settlement Agreement (MSA) is a contract used in uncontested divorces that divides property, assets and debts of a marriage. It spells out the rights of both parties, and settles issues of child custody …