New Mexico Divorce, Family and Real Estate Law

Archives for May 4, 2020

Resources for Single Parents

After a divorce, it’s common to feel a little out of sorts. It can be a new beginning, but reigniting your social life or creating a new social circle can be a little stressful.  

There are many great resources out there for single parents that can help you and your kids get your social lives back on track after a divorce or separation. Here’s an overview of a few: 

Parents Without Partners

The goal of the Single Parents Alliance of America is to empower single parents and their families by connecting them with other single-parent families. You can join local groups, participate in events, and access resources about financial planning, parenting, and more.

SingleParent411 

SingleParent411 is an online resource of the Single Parent Alliance & Resource Center that’s devoted to addressing the unique needs of single parents. It provides a source of inspiration, encouragement, and support. Local chapters host events, and there are programs for adults and families.  

Going through a divorce or separation and need an attorney? Give us a call at (505) 830-6563!

Why a Prenup is Important

When you say, “I do,” you expect your marriage to last forever. Nobody wants to plan for a future that doesn’t involve that special someone, but sometimes it doesn’t work out, and you want to make sure you’re protected. Having a prenuptial agreement can be a lifesaver if your marriage falls apart.

Prenups are Proactive

Prenuptial agreements make sense for any married couple, not just the extremely wealthy. They determine how your assets will be divided if you get a divorce, as well as who gets what if one spouse dies. They can protect each spouse’s existing resources, and the future needs of you, your spouse, and any children. They allow each person to understand where they are financially, and where their partner is financially as well.

Having a prenup can help prevent nasty fights, drawn out disputes, and costly court battles. It allows both parties to discuss and agree upon what will happen to all the assets, as well as any children, before things go wrong, which means that both parties can have a more open and communicative discussion. They let both spouses know where they stand, both now and in the future.

And while prenups don’t have the most romantic reputation, they are increasing in popularity. In a survey of members of the American Academy of Matrimonial Lawyers, 63 percent reported an increase in prenups over the past few years.

If you’re about to get married, we can help you set up a prenuptial agreement. Call us at (505) 830-6563!

How to Survive Divorce

Going through a divorce is tough. Whether your soon to be ex-spouse initiated the split or you did, you will experience profound pain. And while you may not believe it now, there is life after divorce. You will survive your divorce. That’s a promise. There are ways to help you begin your new life under the most favorable circumstances possible.

Acknowledge Your Loss

In many ways, divorce is like a death. You must acknowledge the loss of your marriage. This includes giving yourself the space to mourn. Well meaning friends may push you to “get back out there,” and begin socializing and even dating. However, it’s unlikely that you will truly be ready for an active social life, much less a new romance, right away.

If your ex-spouse left the marriage to be with another person, or begins dating soon after your split, you may feel personally rejected. You may even be tempted to start your own romance to try and get “even”. Try to resist this temptation. Failure to acknowledge the loss that you feel now will likely only prolong the pain. It’s also not fair to your new partner, who may genuinely be seeking a significant relationship, rather than playing a role in your revenge.

Don’t Go It Alone

Although jumping right into the dating and social scene isn’t necessarily advisable, it is also unwise to isolate yourself while you are going through your divorce. Join a support group of others going through divorces. Seek out professional therapy or counseling, especially if you feel overwhelmed by your grief. It’s also OK to reach out to your friends and loved ones for support. Check that, it’s essential to reach out to your friends and loved ones. Of course, you don’t want to be a burden, but asking for support is not too much to ask. Chances are, your loved ones will be eager to provide a sounding board or a shoulder to lean on.

Reassure the Children (If You Have Them)

Young children need not be told every hair-raising detail about your divorce. It is enough to explain that Mommy or Daddy won’t be living with them anymore, but that he or she will love them all the same. You should also make it clear that the divorce is in NO WAY their fault. Even if you despise your spouse, he or she is entitled to be in your children’s lives, barring extreme cases such as severe domestic or sexual abuse.

You can tell older children honestly that you and your soon to be ex-spouse are ending your marriage. They probably figured out the end was imminent long ago anyway. You don’t have to sugarcoat your feelings for your soon to be ex-spouse, but you should not attempt to alienate your children from the other parent or prevent him or her from spending time with them.

Leave the Legalities to Professionals

If you and your spouse are truly leaving the marriage on good terms, it may be possible to work out details such as dividing the marital property and child support through a mediator or arbitrator. If so, you and your soon to be ex-spouse can save significant time and emotional wear and tear, not to mention money.

However, if your spouse is playing hardball, if you have reason to suspect that he or she is hiding assets, or if the split is simply antagonistic, it’s best to conduct communications through disinterested parties. That’s legalese for someone who is not emotionally wrapped up in the hurt and misdeeds that may have precipitated your divorce, but who is invested in ensuring that you achieve the most favorable terms possible. In other words, a skilled, professional attorney who specializes in divorce law.

Let us help you navigate your divorce. Give us a call at (505) 830-6563!

Community Property Laws in New Mexico

One of the most potentially problematic aspects of a divorce is dividing the property: determining who gets what. You may already be aware that New Mexico is a community property state, which means that any community property must be divided equitably upon dissolution of the marriage.

However, you may not have a clear idea of just what that means, especially in terms of your property. The attorneys at Frazier Law Office can help you sort out this particularly painful area to help achieve the fairest, most equitable division of property possible.

What Community Property Is

The short definition of community property is any property obtained during the marriage that cannot rightfully be claimed as separate property. Common examples of community property include a family home, a family car, stocks or bonds. However, community property may also include more personal items, such as jewelry and other personal property. Community property also includes debts by either party occurred during the course of the marriage, with several important exceptions, outlined below.

What Community Property Is Not

There are several categories of property (or debt) that are NOT considered community property under New Mexico Law. Property or debt that is excluded from community property designation remains the separate property or debt of the individual spouse after the dissolution of marriage. These exceptions are:

  • Property or debt acquired by an individual spouse before marriage OR, during a legal separation and after the formal entry of a decree of dissolution of the marriage
  • Property that either spouse establishes to the satisfaction of the court as separate, acquired either before marriage or during the marriage, or which is designated as separate by a valid written agreement
  • Property inherited by or given to either spouse SEPARATELY (e.g. from a parent)
  • Gambling debts, acquired either before or during the marriage
  • debts that are identified as separate by either spouse when the debt is taken on, regardless of whether the debt occurred before or during the marriage
  • Debts resulting from tort actions against an individual spouse
  • Debts incurred while spouses were living apart that do NOT benefit either both spouses or any children AND the court judges to be unreasonable

Community Property and Spousal or Child Support

Although property that is excluded from designation as community property is not subject to division upon dissolution of the marriage, it may still be subject to assignment to the other spouse. Specifically, the judge may order one spouse to supply the other with spousal support. Likewise, the judge may order the noncustodial spouse to provide child support to the spouse who is assigned primary responsibility for raising and children that result from the marriage.

Ensuring Equitable Division of Community Property

It should be clear from reading the above that dealing with community property is not as simple as splitting everything down the middle, either literally or figuratively. In fact, there are several aspects to the division of community property that can throw a wrench into what would otherwise be a relatively smooth ending of a marriage. While it is possible to obtain a reasonable division of community property if both parties are in a cooperative frame of mind, in most cases, it’s best to negotiate through attorneys like the skilled legal team at Frazier Law.

We can sort out the nuts and bolts of the community property in your marriage, ensuring the most equitable division as possible for you, our client. Give us a call at (505) 830-656