Divorce is extremely difficult, especially when it comes to money. In most divorces, one spouse must pay alimony to the other spouse who earns less than the amount she needs to maintain her condition. Unfortunately, many couples are unwilling to pay the necessary alimony, even if the settlement is in the court. This unwillingness can […]
How Do I Legally Enforce an Alimony Order After Divorce? Read More »
A motion to enforce is a request to the court that it presides over when someone isn’t following a court order. For example, this may include unpaid child support or lack of custody with the family. If there is a compelled order, the other party can ask the court to enforce that compelled order by
Divorce is extremely difficult, especially when it comes to money. In most divorces, one spouse must pay alimony to the other spouse who earns less than the amount she needs to maintain her condition. Unfortunately, many couples are unwilling to pay the necessary alimony, even if the settlement is in the court. This unwillingness can
How Do I Legally Enforce an Alimony Order After Divorce? Read More »
Other areas of family law are even more complex when the parties reside in separate states, such as the calculation of and procedure for enforcing or changing child support. Questions commonly posed by parents are: There are no simple answers and the ramifications for parents can be legally and financially diverse. Understanding a few basic
Can I Enforce Child Support if the Other Parent Lives in a Different State? Read More »
With thousands of hours in court as a skilled and talented family law attorney in New Mexico who has handled countless child support cases, The Law Office of Anthony Griego has personally witnessed the disastrous consequences of someone manipulating their child support payments without the approval of the court. Why It’s Important for Parents in
What Can I Do If My Ex Stops Paying for Child Support in New Mexico? Read More »
Custody can be divided into two categories: legal custody and physical custody. In nearly all instances, both types of custody are held jointly by the parents. So what is the difference between legal custody vs. physical custody? Legal custody means decision making ability about the child’s life and physical custody means day-to-day caretaking of the
What are the Distinctions between Legal Custody and Physical Custody? Read More »
Child support is one of the largest parental obligations. But when life happens, and there are financial struggles or changes in income, or some other type of unexpected challenge, these payments become burdensome. If you are behind on child support in New Mexico, you should understand your rights and what the law says. Child Support
What are the Legal Consequences for Not Paying for Child Support? Read More »
If the other parent does not pursue this, nothing will happen. But what if the other parent does not want to comply with the parenting plan? Nothing occurs unless the other parent pursues having the parenting plan enforced. But what if the other parent desires to enforce the parenting plan, what can be done? A
Divorce can be very chaotic and stressful; use this checklist to keep some order to the chaos and help you ensure you’re not missing something very important. There is no question that a divorce can be the most disruptive and painful experience one can go through. It is a confusing and lengthy process, and it
What Tasks Do I Need to Complete During My Divorce? Read More »
Divorce doesn’t have to include endless litigation and be a hostile war. Instead, couples that are in agreement in terms of their separation including property and child separation can proceed with an uncontested divorce. This process also eliminates the need for long, drawn-out, and costly litigation, but policies and requirements vary from state to state.
What is Involved in Getting an Uncontested Divorce? Read More »
Divorce in Albuquerque is one of the most difficult and sensitive times for New Mexican families. Our goal at The Law Office of Anthony Griego LLC is to help our clients through their divorce and make the process as caring and seamless as we can so that you can heal from your pain. That includes
What Is an Uncontested Divorce and How Does It Work? Read More »
The benefits of an uncontested divorce are a faster resolution, less expensive fees, less stress, more privacy and having greater control over the final outcome. If spouses can come to an agreement on important matters (who gets the house, who will have custody of the children, whether child support is appropriate), they may be able
What Are the Advantages of Choosing an Uncontested Divorce? Read More »
Divorce can be really tough on the emotional and mental side of things, but when both parties agree to it, everything goes a lot smoothly and quickly! If you and your spouse are agreeable and ready to take the required legal steps, an uncontested divorce can be filed in New Mexico. You will walk predictably
What Paperwork Is Required for an Uncontested Divorce in New Mexico? Read More »
If you have a child support problem, and the other parent lives in another state: Keep reading! Community Caretaking Function How child support is calculated plus the modification of that support when the parties live in different states, is a particularly complex area of family law. Common questions parents ask are: Answers can be complex,
How Does Child Support Work if the Other Parent Lives in a Different State? Read More »
Child custody matters get complicated when the parents live in different states. These may include questions of jurisdiction, custody law and policy, the chemical and energetic relationships between treaties and statutes, and the relationship of law to legal pluralism. For most of such cases, the framework that applies when children lie at the center is
How Does Joint Custody Work for Parents Who Physically Live Far Apart? Read More »
It’s no secret that divorce is tough, and it can be even worse if one’s spouse wants the marriage to be over but the other one doesn’t. You have to realize that a partner can’t stop a divorce by pretending it is not happening. The law allows people that want a divorce, to get a
What Happens If My Spouse Doesn’t Agree to Divorce? Read More »
When two parents cannot agree about a child custody parenting plan, a family court judge will have to make that decision after granting each of the parents the opportunity to be heard. Judges have discretion, and they may consider a variety of factors when rendering a child custody decision. There are two things judges typically
What Factors Do Judges Consider When Deciding Child Custody? Read More »
Judges in New Mexico may issue a spousal support order, or alimony, to help a dependent spouse afford the cost of living during a divorce. There are generally two kinds of spousal support orders: temporary and permanent. Our Albuquerque alimony law office can explain what both terms signify and how it can apply to you.
What are the Distinctions Between Permanent and Temporary Spousal Support? Read More »
You might file divorce papers and have it to make a final attempt at a marriage, only to start questioning the decision months, days or even hours after that day. If you decide after filing divorce papers that you want to keep your marriage, you’re in luck. Read on to discover what it would take
What Can a Couple Do If It Decides to Stop Their Divorce? Read More »
Co-parenting can be challenging enough when everyone’s doing his part, but negotiating child custody, child support, and scheduling with an absentee parent can feel near-impossible. So, when a parent will flat-out still not participate in either contributing what they should, or at least following instructions from the court on an appropriate amount of support, it
What Do you Do When a Parent Won’t Pay Child Support? Read More »
If you’ve been fired or laid off, if you’re out of work or if your business isn’t producing cash, you may not have the income you need to comply with your child support obligation. Fortunately, a significant change of income yields grounds to file for a change of child support. Get your child support orders
What Do I Do If I Cannot Afford My Child Support Payments? Read More »
Parents who get divorced or separated must decide how to share custody, visitation, and child support. The child support amounts are determined based on the financial state of the parents, where the child is living, and requirements of the child. The situation might evolve over time, but the child support payments will not until a
How Do I Change a Child Support Order? Read More »
If you’re a parent with kids who is considering divorce, you might be looking at a series of difficult decisions, questions and discussions concerning your children and their care — with an emphasis on topics such as primary custody, joint custody and/or legal guardianship just to get the conversation started. Here are a few important
What Are the Most Important Facts That I Must Know About Child Custody in My Divorce? Read More »
For so long, custody for fathers meant a weekends-only possession schedule or otherwise limited parenting time. But shifting family dynamics have wrought a sea change in the outcome of custody cases. The odds of a father securing full custody are on the rise. Fathers accounted for 25 percent of custodial parents in 2022, an increase
What Are the Chances of a Father Getting Full Custody? Read More »
While divorce and child custody are often connected, there are differences you’ll want to consider if you’re about to start a case. Here is how custody is handled in a divorce. Do divorce and child custody get decided in one case? In general, parents seek divorce and child custody in a single petition. That means
How Is Child Custody Decided in a Divorce? Read More »
There is a widely held misconception that when parents’ divorce, the mother is entitled to custody of the children. But not really. The fact however, custody is determined using a number of variables and the sex of the parent is just one small part of the equation. As a custody lawyer, I have witnessed the
Do Mothers Always Get Custody in Divorce Cases? Read More »
Divorce and child custody disputes usually go together. So if you are divorcing (or were never married but are parting ways with your child’s other parent), one of the biggest questions is likely to be who gets custody of a child in divorce. You might also be asking yourself, what is primary custody, and how
What Factors Help Decide Who Gets Custody of Children After a Divorce? Read More »
If you’re thinking a divorce might be in your future, or if you’ve been served with papers from your soon-to-be ex-spouse, you’ll want to gather important documents that you will need as your case moves forward. Keep these together in a safe deposit box or another place that is secure and safe, such as your
What Documents Do I Need to Start the Divorce Process? Read More »
When you and your partner agree that your marriage has come to an end, divorce is the next logical step. The process of divorce will differ to some degree depending on where you live, but there are several things you will have to do before your divorce can be finalized for sure. The first thing
What Are the First Legal Steps to Take When Filing for Divorce? Read More »
Ending a marriage is a decision few people make lightly. But when they’ve made that hard decision, most people are ready to move on as quickly as possible, and being granted a divorce is a big part of that. Your state’s laws determine how soon this can take place. The following are the most important
How Long Does the Divorce Process Usually Take? Read More »
The first step in the divorce process is filing a petition of divorce, which tells your spouse and the judge that you want a divorce. The person who starts the divorce is called the Petitioner and is responsible for legally notifying their spouse (the Respondent) of the petition. After serving the Respondent, the Respondent has 20 days
What to Do If Your Spouse Won’t Sign Divorce Papers? Read More »
Yes, love is one of the most important factors of marriage. Prenuptial agreements, known more commonly as “prenups,” might not be the most romantic piece of the wedding planning puzzle, but they play a crucial role in protecting the interests of both parties. Here the key advantages of making a prenuptial agreement. There are some
What are the Top Reasons for a Prenup? Read More »
When a loved one dies, it’s time for those left behind to sort out their finances. A question that typically gets asked is: Will banks freeze accounts on death? Banks typically freeze accounts when they are informed of a person’s death. Knowing what the process looks like can help families get ready for the elements
If My Spouse Dies, Does the Bank Freeze Our Accounts? Read More »
When you meet and marry the love of your life, you hope that you will live happily ever after. At times though, things don’t go according to plan. This has led to an increasing number of couples signing prenuptial agreements before they get married. A prenuptial agreement — or prenup — is a contract that
Does it Make Sense Before I get Married to Sign a Prenup? Read More »
Knowing what to expect at a court hearing for an uncontested divorce can help spouses prepare. In an uncontested divorce, the petitioner – the person who is filing the divorce paperwork – must appear at a court hearing. The other spouse’s attendance is not required. The judge and the lawyer for the petitioner can ask
What Happens After an Uncontested Divorce Is Finalized? Read More »
This is something that can be very frustrating and upsetting when a former spouse does not follow court ordered child support payments. This breach of promise leaves the custodial parent under financial pressure while robbing the child of their right to receive such funds for their upbringing. We can relate to the emotional turmoil you
What Happens If My Ex-Spouse Refuses to Pay Child Support? Read More »
There are lots of situations where uncontested divorces are a good idea. Could you find an uncontested path forward in an uncontested divorce, even if you and the other party disagree on a number of major issues? One such key is that both of you really want to keep the divorce as uncontested as possible.
How Do I Know if I Should Get an Uncontested Divorce? Read More »
Making a choice to get divorced is one of the most difficult decisions. Even if things have gone south with the marriage, the union holds innumerable memories and experiences. When minor children are part of the equation, it can be even harder. Let’s get into the questions about divorce in New Mexico. To do that
Do I Need a Lawyer for Uncontested Divorce? Read More »
Find out how to request a modification of the amount of child support you are paying or receiving – and how a judge determines if a modification should be granted. Doesn’t matter if you’re paying child support or receiving support for one or more children who live with you, you might feel that what’s being
What Process Do I Follow to Change My Child Support Payments? Read More »
Deciding child custody and visitation can be a struggle for parents after separating from their child’s other parent. How do judges and courts decide custody and visitation rights? Each state’s laws, and the practices of their courts, vary. Refer to a child custody attorney in your state for legal advice regarding your situation. Here’s a
How Does a Court Decide Which Parent Receives Custody of the Children? Read More »
Custody lawyers guide the child and parent during lawful procedures. Having an experienced child custody lawyer can play a crucial role in the outcome of custody disputes, keeping the child’s best interests in mind. Before you know how child custody works, you should first understand the legal responsibilities parents have for children under 18. Child
What Does a Child Custody Lawyer Do in a Child Custody Dispute? Read More »
If you’ve asked an agency to review your child support order and the agency has recommended that your order be changed, you’re already on the right track to receiving a support modification. Judges tend to take the agency’s recommendation unless the other parent has persuasive reasons to do otherwise. The judge understands that the agency
Divorce is one of the largest curveballs that life can throw at you. You entered into marriage with hopes and dreams, not spreadsheets and legal battles. But here you are, and one of the hardest questions hanging over your head – who gets to keep the house? Dividing up belongings is rarely easy, and the
You’re Getting Divorced – Here’s What May Determine Who Gets the House Read More »
Divorce is a major legal and emotional process that affects many areas of a person’s life, especially when it comes to splitting up assets and debt. In New Mexico, which is a community property state, property division during a divorce is a process that has many rules. In this article we will discuss how division
How Does Community Property Division Work in a New Mexico Divorce? Read More »
You’re already so heartbroken about your separation. The last thing you need is to see your spouse’s runaway spending cripple you both with debt. It feels unfair, doesn’t it? It doesn’t need to be this way. Legal separation may be the solution for you. Debt and legal stuff can make your eyes glaze over. But
Legal Separation May Protect Individuals from Their Spouse’s Debts – Here’s How! Read More »
Divorce can be confusing and overwhelming, even when it’s happening under the best of circumstances. But when you’re up against a split from a violent, erratic partner, you need to know where you stand legally. Meeting with a seasoned divorce attorney clarifies your rights and the ways you can protect yourself as matters unfold in
Smart Strategies You Need to Know to Handle a High-Conflict Divorce Read More »
This post provides insight into when and how grandparents in New Mexico may file to obtain court-ordered visitation with their grandchildren after divorce, separation, the death of one parent, and other life-changing events. How do I get court-ordered visitation with my grandchildren? In New Mexico, biological or adoptive grandparents have the legal right to petition
What Visitation Rights Do Grandparents Have in New Mexico? Read More »
Imagine you have felony charges! What will that mean for you? How should you behave? What are you supposed to do when the police are throwing questions at you, like you have to prove that you are innocent? Should you do whatever to escape police custody? Nope! If you are facing felony charges, your
What Should I Do if I Am Facing Felony Charges? Read More »
New Mexico has child support guidelines that parents and judges can rely on to calculate the appropriate amount of support in a specific case. The guidance is that children legally have a right to help from both parents. How to Calculate Child Support Under New Mexico’s Guidelines If you live in New Mexico, however, unlike
How Do You Calculate Child Support Payments in New Mexico? Read More »
If you are accused of a crime, it can be scary and life-changing. This post offers detailed information and practical tips for people living through the hard days after a conviction. Know Your Rights and the Charges Against You The initial hours following your arrest can be devastating. And you need to know what your
If You Are Charged with a Crime, What Do You Do? Read More »
When there are children involved in a divorce or separation, one of the most significant things to consider is child custody. Joint custody is typically an option that focuses on the child’s best interest among parents facing this issue. By knowing what joint custody means and how it is implemented, parents can make decisions that
Understanding Joint Custody and How It Works Read More »
The process of divorce is emotionally taxing and financially burdensome. Not every divorce can be a drawn-out court battle over who will get the family heirlooms. An uncontested divorce is a quick, simple, and inexpensive method for couples who can agree on the terms of their separation. If you are considering this option in NM,
Uncontested Divorce in New Mexico – Is It Right for You? Read More »
Alimony has the same meaning as spousal support; both terms apply to the financial aid given to the other spouse after divorce. Even though it is necessary, things change in life, and sometimes, the provisions of a spousal support agreement can become unworkable or unjust. Learn when and how to request a modification of spousal
Modifying Spousal Support – When and How to Petition Read More »
Divorce is a process that no one wants to experience. This stage of property division involves emotion. Couples living in community property states need to know the ins and outs of these laws if they want a fair and even resolution. Divorce laws related to how marital assets and debts are split between spouses are
Divorce and Property Division – Understanding Community Property Laws Read More »
You’re likely to hear well-meaning friends and family share all kinds of divorce urban legends that may sound reasonable but are far from the truth. These myths cause many people going through divorce to have the wrong idea of their rights and what can reasonably be expected of them. They may set unrealistic expectations, prepare
The Top Ten Divorce Urban Legends – Myths and Misconceptions about Splitting Up Read More »
Here, we’ll cover all the tips that will keep you as healthy as possible, both legally and psychologically, during divorce. Please don’t take our word for it; you’ll reach the other side feeling good and having enough to last you. Hire an Attorney ASAP As soon as you think of divorce, it would help if
Surviving Divorce – Top Tips to Help You Handle It Read More »
Divorce is stressful enough in its own right. But it can be a literal rollercoaster of emotion when you and your ex don’t even agree about anything, from who gets the house to who pays for what. But the good news is a few beneficial legal tools can help it go more smoothly and are
Legal Strategies for High-Conflict Divorce Cases Read More »
Divorce is a challenging and emotionally draining experience. The stakes are even greater if you run your own company. Your hard-earned business could be on the line in a divorce. If you are prepared and well-protected, you can easily retain a part, if not all, of your company. This can be devastating, financially and psychologically.
How to Save Your Business During a Divorce Read More »
Going through a divorce is so painful. The hurt, anger, sadness, fear, and regret—it’s a lot—an overwhelming, suffocating amount of emotion to process. And on top of it all, you have substantial life decisions to make that will impact your future for years. This guide is here to help you with the roadmap that you
Top Ten Things to Avoid When Going Through a Divorce Read More »
You’ve probably got more questions than answers when embroiled in a custody dispute over your kids. Your head is spinning with uncertainty. Your stress levels feel sky-high. You don’t know how to navigate this messy legal conflict. Let me walk you through this step-by-step. I’ve compiled the top ten strategies to help you tackle a
Top Ten Things to Do When Going Through a Child Custody Battle Read More »
It becomes an all-out legal battle when you and your spouse can’t agree on significant issues like money, property, and kids. Every detail of your life gets dissected and fought over. It’s messy, painful, and so draining. I won’t sugarcoat it—a contested divorce is one of the toughest experiences you’ll ever endure. But you can
How to Get Ready for a Contested Divorce -A Comprehensive Guide Read More »
Have you been faced with divorce? If so, I bet you’ve heard some wild rumors about what happens during the process. Your friend who went through an ugly split years back probably told you horror stories. Your worrywart Aunt Karen lectures about how divorce ruined your cousin’s life. And I need to get started on
Top Five Divorce Urban Legends Dispelled Read More »
I know this is a tough season. The pain of divorce can feel so heavy and isolating. But please know you don’t have to walk through this alone—I’m here to link arms with you each step of the way. I want to challenge a few of these common misconceptions while speaking hope and truth into
Top Divorce Myths That Are Just Not True Read More »
When a relationship reaches the breaking point, thoughts of divorce emerge. Marriage serves as the ultimate legal and spiritual bond between two people. Severing that connection has lifelong ramifications. Rushing into divorce fueled by anger or despair often leads to regret. Avoid potential mistakes through careful forethought and planning. This guide covers everything to consider
Before Starting a Divorce, Take these Steps Read More »
When you finalized your divorce, you worked hard to agree on a fair spousal support amount. Now you’ve learned your ex-spouse is living with a new romantic partner. This news leaves you justifiably wondering: Do you still have to pay the same support as your ex-cohabiting? Or could this constitute changed circumstances warranting a modification?
How Does My Ex-Spouse Living with a Partner Effect the Spousal Support I Pay Read More »
Going through a divorce often feels like you’re cast adrift on a stormy ocean of heartbreak, fear, and uncertainty about the future. Your once sturdy vessel has shattered, leaving you alone on rough seas without a compass. It isn’t very comforting. It is confusing, overwhelming, and exhausting, both mentally and emotionally. Keeping your head above
Going to Divorce Court vs Divorce Mediation Read More »
As parents, we’d do anything for our kids. When a nasty custody battle starts brewing after a divorce, our instinct is to fight like crazy to keep our babies close. It’s easy to understand—anyone would want the same if they were in your shoes. But those ugly disputes don’t always show us at our best.
Getting Ready for Your Child Custody Case Read More »
Going through a divorce is no picnic. It’s an emotional rollercoaster from start to finish. On top of feeling hurt and rejected, you’ve got substantial legal and money issues to figure out. Should you fight it out in court? Or could mediation be a better fit for you and your soon-to-be ex? In Albuquerque when
Albuquerque Divorce Mediation Read More »
Payment of child support is something that must be made consistently and punctually for the well-being of any child. Timely payment of child support enables the custodial parent to provide such things as food, clothing, housing, medical care, and other necessities. However, many parents face significant challenges in collecting past due child support, also known
What Do I Need to Do to Get Back Child Support Paid Up & Force it to Stay Current? Read More »
After separating or divorcing, the court legally obligates many parents to pay child support. It, however, becomes a big problem when significant back child support claims come into the picture. From challenging paternity to loss of income, several different intricate issues may necessitate parents to fight against excessive or incorrect child support orders. To successfully
Ways to Fight for Back Child Support Read More »
Divorce is a significant legal and emotional process affecting multiple components of a person’s life, particularly regarding the division of assets and debts. In New Mexico, a community property state, the laws surrounding property division during a divorce can be complex. This article will explore how community property division works in New Mexico and what
New Mexico Divorce and How Community Property Division Works During Divorce Read More »
Child support is sometimes a complicated and confusing process, especially for parents who are going through a separation or divorce. Calculating child support, ensuring child support payments, and handling modifications can be tricky without the assistance of a professional. A family law attorney who knows his opinions in such matters will be invaluable when sorting
How an Attorney can Assist with Child Support Read More »
People have a lot of questions when seeking a divorce attorney. We have compiled a list of 10 common questions you want or need to ask your divorce attorney. What are the grounds for divorce in my state? People want to know if the divorce is no-fault or if the spouse seeking the divorce must
Top Ten Things You Always Want to Ask a Divorce Attorney Read More »
The Fourth Amendment protects against unreasonable searches and seizures. The Fourth Amendment is a fundamental right that is critical during arrests. However, law enforcement officers sometimes violate this right. When they do, it can impact their qualified immunity. Qualified immunity protects government officials from lawsuits. It protects them while performing official duties. An officer can’t
How Fourth Amendment Violations Can Cost Police Officers Qualified Immunity Read More »
Dealing with domestic violence or harassment can make you feel scared, stressed, and alone. You may feel you need legal protection but are unsure where to start. This guide will walk you through getting a restraining order in New Mexico, from understanding your options to filing the paperwork. What Exactly Are Restraining Orders? A restraining
Steps to Follow to Obtain a Restraining Order in New Mexico Read More »
Attention Albuquerque Community! Mark your calendars for a special Albuquerque event that provides invaluable support to families navigating legal challenges. Peter Johnstone Day is back, offering free in-person legal consultation and mediation sessions with seasoned attorneys specializing in family law. Hosted by the Second Judicial District Court and the Volunteer Attorney Program, this event is
Let’s be honest: raising kids alone isn’t easy. As a single parent, you have enough on your plate without stressing over how to pay for everything your child needs. However, getting consistent child support can make a huge difference. This process can feel intimidating and confusing, especially if this is your first time doing it.
Information You Need to Know About Applying for Child Support in New Mexico Read More »
Going through a divorce can be confusing and overwhelming, even under the best of circumstances. But when you’re facing a split from an aggressive, volatile spouse, you must understand your legal standing. Sitting down with an experienced divorce lawyer clarifies your rights and how to protect yourself as things progress. A knowledgeable attorney can patiently
Clever Tactics to Handle a High-Conflict Divorce Read More »
Divorce has never been easy. There’s confusion, maybe some anger, and a whole lot of “How on earth did I get here?” swirling around. You know one thing for sure: you need a lawyer you can trust. But how do you know if a lawyer is the right fit? Well, consider this your guide to
Smart Questions Everyone Should Ask their Albuquerque Divorce Attorney Read More »
Divorce is one of life’s biggest curveballs. You went into marriage with hopes and dreams, not spreadsheets and legal battles. But here you are, and one of the toughest questions looming is: who keeps the house? Splitting up possessions is never easy, and your home holds a special kind of weight. It’s not just bricks
You’re Getting Divorced – Here’s What May Determine Who Gets the House Read More »
You’re already heartbroken about your separation. The last thing you need is to watch your spouse’s out-of-control spending bury you both in debt. It feels unfair, doesn’t it? It doesn’t have to be this way. Legal separation might be the lifeline you need. Talking about debt and legal stuff can make your eyes glaze over.
Legal Separation May Protect Individuals from Their Spouse’s Debts – Here’s How Read More »
If you’re the parent with custody, you need help raising your kid. But if you’re the one paying, those monthly checks can feel like a life sentence – especially if you’re tight on cash or have some major gripes about the whole situation. But guess what? There are ways where both parents might be able
Different Ways Both Spouses Do Not Have to Pay Child Support – Here’s How Read More »
TAP TO CALL
