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Whether it is due to estrangement, infidelity, changes in circumstances, or simply growing apart, divorce is sometimes necessary. Divorce is never pleasant, but at Sandia Family Law, we are dedicated to making the process as efficient and painless as possible. During this time of transition, we want to help you ease your worries. Backed by decades of experience and client recommendations, our Albuquerque divorce lawyers can provide the honest and aggressive representation you deserve.
Divorce Decree Modifications in New Mexico
Divorce decrees are technically final, but that doesn’t mean you can’t make changes to them if your circumstances (or the circumstances of your former spouse) change. Depending on the circumstances of your divorce, you may be able to change the following elements of your decree:
In order to successfully request a divorce modification, you’ll need to demonstrate why the modification is necessary and file it with the appropriate court. Additionally, you may want to work with a lawyer to ensure your request for a modification moves as smoothly as possible.
Can I Modify Child Custody in New Mexico?
You can modify your child custody agreement if you filed for divorce in New Mexico. However, like any modification, you’ll need to prove to the court that the original decree should be changed. In New Mexico, the law assumes that joint custody is probably the best option for children. However, this doesn’t mean that custody and visitation should be shared equally between parents. Thus, if your circumstances have changed and you wish to modify your custody arrangement, you can petition a request to change it.
Is New Mexico a 50 50 divorce state?
Yes, New Mexico is a community property state. This law means all marital property and debts are split 50/50 between the spouses. However, the spouses can agree to a different division.
Is New Mexico a No Fault Divorce State?
Yes, New Mexico is a no-fault divorce state. You can file for a "fault" or "no-fault" divorce in New Mexico. In a fault-based divorce, you may state grounds such as infidelity, cruelty, abandonment, or addiction as the reason for the breakup. In a no-fault divorce, you must only note that the marriage has ended without reconciliation.
Whenever appropriate, we recommend divorce mediation, which is often the solution that is most equitable and least stressful for families. You know your relationships and lifestyle better than anyone else, and by going through mediation, you have the opportunity to clearly voice your wishes and to have control over the final settlement. If your divorce cannot be settled outside of court, however, we won’t hesitate to battle for your rights at trial. We have helped thousands of people through their divorce matters, and we are well-versed in mediation and litigation alike.
Million thanks to you and your firm
“I would like to extend my deepest gratitude in everything that you have done for me/us in attempting to gain custody of my granddaughter, Ghianna. Even though things didn't work out the way that I wanted to apparently some good has come out of all this and Ghianna has mentioned that her father has changed for the better. Again, million thanks to you and your firm for what you have done for all of us.”
You are simply the best, Pam!
“Excellent job in representing me, I couldn't be more pleased! You are simply the best, Pam!”
It was great working with you, William!
“It was great working with you, William!”
William Hoskovec is a spectacular attorney.
“William Hoskovec is a spectacular attorney. He's extremely honest with his practices and prices, he took time to answer all my questions as well as made sure I was comfortable going into court by explaining everything. There wasn't a day that I thought he was unprepared or didn't care about my case. He answered all of my family members questions as well, and has been quick to respond to all e-mails even after my divorce was finalized. I'd recommend him to anyone needing a divorce attorney.”
Great set of people who are willing to help.
“Great set of people who are willing to help. Had trouble with APD bulling myself and my wife. William helped us understand our rights and kept us from being pressured into submission. Fast response to calls and emails, took the time to explain stuff to us that we didnt understand. Very reasonable fees. Willam is the best.”
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Over 20 Years of Combined Experience