Family Law Attorney Las Cruces, NM

Affordable legal help

Family Law Attorney Las Cruces, NM

Are you going through a divorce? Are you tensed about all the documentation and legal requirements that you have to fulfil during this process? Are you unfamiliar with the different family laws pertaining to child custody and support?

No need to worry anymore, as Affordable Legal Help is here to handle everything for you, especially if you're a resident of Las Cruces, New Mexico. We have family law attorneys in Las Cruces, NM, who are eager to provide you with unbundled legal services to help you during this difficult patch of your life. Our family lawyers Las Cruces, NM will provide you services regarding divorce, child custody, child adoption, child support and grandparents rights.

Divorce Laws in Las Cruces, NM 

It is a sad state of affairs when your marriage is headed towards a divorce, but it is better to end it, instead of going through mental and physical health issues.

In any case, being aware of your legal rights and divorce laws specific to your state is quite essential.

According to the law in Las Cruces, NM, either of the parties should have lived in New Mexico for at least six months and have a domicile. This means that one of the spouses has the intention to stay in the state permanently.

Once the divorce papers have been served to the respondent, there's a 30-day waiting period before the court finalizes the divorce.

Grounds for Divorce 

New Mexico is a no-fault state, which means that a couple can file for divorce based on incompatibility. If they are not getting along, they can simply get a divorce without proving anything.

On the other hand, there are three specific grounds for divorce as well, which includes:

• Adultery
• Domestic violence
• Abandonment

Therefore, apart from irreconcilable differences, a couple can also file for divorce due to the other reasons mentioned above.

A divorce attorney Las Cruces, NM should be able to guide you in detail about the whole procedure.

Child Custody Laws in Las Cruces, NM

Family courts all over the country handle child custody matters, if the parents are no longer married or living together. This means that a legal determination is required for where the child lives and how much time they get to spend with each parent.

Like most states, child custody laws in Las Cruces, NM are also based on the best interest of the child. The only difference is, that when the child turns 14, the court can modify the custody requirements based on their wishes.

Factors for Determination of Custody 

For children under 14 years, the court considers the following factors before passing judgment regarding custody:

• Wishes of the parents and child
• The relationship of the child with the parents and other siblings
• The adjustment of the child in their house, school and community
• The mental and physical health of the parents and child.

Apart from these factors, if the parents agree on a parenting plan which is in the best interest of the child, the court can approve it. In case the parents have differences and are unable to agree with each other, the court can pass a judgement regarding custody, which both the parents will have to accept.

Joint Custody

The family laws in Las Cruces, New Mexico give the parents the right to joint custody. This includes physical custody and legal custody. Physical custody refers to the parent the child resides with, while legal custody refers to making important decisions for the child, like education and medical decisions.

Some additional factors are considered before deciding for joint custody:

• Does the child have a close relationship with one of the parents?
• Are both the parents capable of providing proper care for the child?
• Do both parents accept parenting responsibilities?
• Will the child's development benefit from the involvement of both parents?
• Distance between the residences of both the parents.
• Are both parents willing to cooperate on the child's needs?
• Was either parent involved in domestic violence in the past?

The child has the right to mention their preference as to which parent they wish to live with. As the child turns 14, their preferences are seriously considered by the court and previous judgements can be modified according to them.

Child custody laws are very detailed and require proper understanding, which can be provided to you by a family law attorney Las Cruces, NM. 

Child Support Laws in Las Cruces, NM

According to the laws in Las Cruces, NM, a child support order decides which parent is to pay the child support, the amount to be paid, when are they supposed to be paid and who is responsible for receiving the payments. In most cases, the non-custodial parent is obligated to pay for child support as the custodial parent already spends on the daily expenses of the child.

Child Support Calculation 

Child support Las Cruces, NM is calculated based upon a fixed formula and some additional factors such as the gross income of both parents, which parent has physical custody of the child, and any special needs. The percentage of the combined gross income of both parents after deductions is used to determine the amount of child support payable by each parent.  

The following expenses are included in child support:

• Food, clothing and shelter
• Health and dental insurance
• Transportation and communication expenses
• Educational and medical expenses

Grandparent's Rights Las Cruces, NM

According to the laws in New Mexico, grandparents can ask the court for a reasonable time to spend with their grandchild. They can only get custody if the court finds that both parents are unfit.

Contact Us 

It gets very difficult for a person to go through all the legalities and documentation regarding their case, single-handedly. Our family law attorneys in Las Cruces, NM can provide you with the guidance you require. Therefore, contact us for a free consultation. We provide legal help at an affordable rate, starting from $500 - $1500, depending on the case and we also provide payments plans.