A battle often occurs when trying to understand parental rights vs. child custody in Albuquerque, New Mexico. Although they are legally different and distinct – parental rights and child custody are often used interchangeably. The tendency to mix the two...
Are you facing a divorce or custody matter and are researching how to get sole legal custody in New Mexico? New Mexico presumes that a child is best served when raised by both parents that share joint legal custody. Joint legal custody gives both parents an...
QDRO and Retirement Accounts in New Mexico are an essential part of the divorce process. New Mexico is a community property state. This means that every asset and debt accumulated during the marriage are divided 50-50 with divorce. Retirement accounts are...
The Restraining Order (Order of Protection) process is like walking a tightrope. Your Hearing Officer ultimately decides if an Order of Protection will be entered based on a “preponderance of the evidence” standard. This standard means 51% or more likely than not....
In New Mexico a Restraining Order of Protection falls under the Family Violence Protection Act. New Mexico Courts tend to lean on the side of caution and generally will grant a Temporary Restraining Order to fully uncover the facts at a hearing. At the...
Life is a journey that is filled with highs and lows. The lows on life’s journey can cause you to rethink your health and finances. Have you reached a new point on your journey and are wondering what will happen if you are unable to make decisions on...