New Mexico’s law on awarding alimony will depend on the divorcing couple’s situation, including specific circumstances such as the length of the marriage.
A court generally grants long-term alimony to a certain spouse if the person has been married to their partner for at least 20 years. Whether or not you are in favor of this, lawyers at the Law Office of Dorene A. Kuffer note that you should first select among the best divorce attorneys in Albuquerque, Santa Fe and other cities to know your chances of paying or receiving alimony.
Types of Alimony
Aside from long-term payments, another form of alimony involves transitional payments. A court may only grant this if it believes that a difficult transition into single life awaits you or your spouse. This type of alimony lasts up to two years after a finalized divorce.
In terms of who pays for it, the court bases its decision on several factors. Your earning potential greatly affects your chances of being the payer, yet it can be negated if your spouse owns more properties and other assets. Most alimony deals in New Mexico become null and void if the receiver becomes married once again.
Divorce becomes more difficult if you are financially challenged in the state. Luckily for low-income households, the state provides some relief on court fees. The District Court Judge may waive certain costs and expenses under the “free process” status.
However, you may still need to hire a lawyer for other matters such as negotiating alimony and child custody. Take note that you need be a resident of New Mexico for at least six months before you can file for divorce.
Professional advice and legal representation are always important in a divorce. If you want to avoid a costly one, then cooperation with your spouse is key. Otherwise, you should expect a lengthy and complicated process.