Divorce with Custody
The parent's obligation to make key decisions in the best interests of a child in the areas of residence, medical and dental treatment, education or child care, religion, and recreation is referred to as " legal custody."
Types of custody
- Physical custody - A parent's right to have a child reside with him or her is known as physical custody. If parents live close to each other, joint physical custody works best since it reduces stress for children and allows them to keep a fairly normal routine.
- Legal custody – A parent who has legal custody of their child can make decisions about the child's education, religious upbringing, and medical treatment, extracurriculars. In New Mexico, courts commonly grant joint legal custody, which means that both parents share decision-making authority.
- Sole custody - A parent can have sole legal custody or sole physical custody in the hands of one parent. If the other parent is considered unfit, such as because of alcohol or drug addiction or charges of child abuse or neglect, courts will often award sole physical possession to one parent.
- Joint custody - When parents who do not live together share decision-making responsibilities and/or physical control and custody of their children, they are said to have joint custody (also known as shared custody). If the parents are divorced, separated, or no longer cohabiting, or if they have never lived together, joint custody may exist.
Divorce without Custody
When there is a divorce case without custody, sometimes the case can be a lot more smooth. The issue in a divorce without custody case is primarily focused on allocating assets and debts, and determining whether alimony or attorney fees should be awarded.
Uncontested Divorce
In an uncontested divorce, you and your spouse agree on how you will divide custody, parenting time, and parenting responsibilities; the amount and duration of any child support; the amount and duration of any spousal support (alimony); the division of all property; and the division of any debt.
Alimony
Alimony is frequently an issue when there is a big income disparity in the marriage. Alimony is a legal responsibility for a person to assist their spouse financially after a divorce or marital separation.
Division of Assets & Debt
Debts accumulated by one or both spouses during the marriage are marital debts. Due to the laws of New Mexico, debts accumulated during the marriage are to be divided equitably. Debts are distributed equitably, just like assets. If one spouse earns more, they may be entitled to a larger amount of the debt. Alternatively, the spouse who incurred the debt may be liable for a bigger percentage of the debt repayment.
QDRO
A "qualified domestic relation order" (QDRO) is a domestic relations order that establishes or recognizes the existence of an "alternate payee's" right to receive, or assigns the right to receive, all or a portion of the benefits payable with respect to a retirement plan participant, and that includes certain information and meets certain other requirements.
