Navigating Paternity Rights in Same-Sex Couples
New Mexico is known for its inclusive legal culture, particularly when it comes to same-sex marriages and family life in the LGBTQ+ community. One area in which nuances may arise is that of paternity in same-sex couples. Here is some guidance for families seeking clarity in this complex area of law. What is paternity? The […]
March 5, 2024
Dealing with indivisible property during a divorce
New Mexico is a community property state, which means that the overall value of both assets and debts incurred by a couple while legally married will be divided equally between them upon divorce. Some property, however, can be considered indivisible and must be handled separately, which means that some assets will be divided fairly but […]
March 5, 2024
Interesting facts and figures related to second marriages in New Mexico
Research shows that approximately 90% of adults in Western cultures will marry by the time that they are 50 years old [1]. Yet statistically, half of first-time marriages will end in divorce. Divorce is a costly and emotionally complex process that many people want to avoid at all costs, so it is interesting to note […]
March 5, 2024
Dividing retirement accounts in divorce
Making the step from separation to divorce is a big decision with a considerable number of financial and emotional considerations to overcome. One factor that is particularly prominent in divorces where the couple has been married for a long time is the fair and equitable division of retirement accounts. Community property division New Mexico is […]
March 5, 2024
Navigating Child Custody During the Festive Season
Christmas is supposed to be a time of joy and celebration, but for divorced or separated parents, it can instead become a logistical nightmare, especially when it comes to child custody arrangements. In New Mexico, the courts prioritize the best interests of the child when determining custody outcomes. Although consideration will have been given to […]
January 26, 2024
What happens when a testator outlives their dependents?
Estate planning is important to ensure that your wishes will be carried out and your estate will be distributed appropriately after you pass away. Most people who write their last will and testament never consider the possibility that the people they nominate to handle their estate or inherit from them could die first, but unfortunately, […]
January 26, 2024
Inheritance Issues For Adoptees
There are many reasons a child will be given up for adoption, and the hope is always that the child will receive a loving, caring home with a family that adores them. Some children, even with the best possible upbringing by their adoptive family, will always wonder about their birth family, and many will go […]
November 27, 2023
Debt after death: How an estate is executed when the deceased has outstanding debts
Staggering statistics show that American household debt had reached a record high of $16.9 trillion by the end of 2022. [1] This means that the chance of still being in debt when you die is high. Losing a loved one is always an emotionally challenging experience, but when that person is in debt when they […]
November 27, 2023
Parental Rights and Responsibilities When a Relationship Ends Before Birth
When a relationship breaks down, it is common to feel sad and angry about the breakup and fearful about what the future holds. This fear can be magnified if you discover you are pregnant. When a relationship ends before the birth of the child, the mother must make some important decisions. Deciding whether or not […]
November 27, 2023
The Importance of Inventories and Audit Trails
Whether you are cohabitating with someone other than a spouse, lending someone money or considering a divorce, inventories and audit trails are important. They clearly establish the agreements that are made at the outset and can prevent misunderstandings and disputes from arising in the future. In the event that a dispute does become contentious, they […]
November 27, 2023