Before the court can grant a divorce request, couples are required to divide their assets and debts. Because of this, if you’re going through a divorce, you must understand how property is divided. Here are some factors that affect the division of property during divorce.

Applicable Laws

The first thing you need to consider when dividing property during a divorce is the applicable laws. If you reside in a community property state, the court will presume that any assets acquired during the marriage should be shared equally between the spouses. This means marital property is split evenly. However, in such cases, you can request the court to award separate property to you if it was property that you acquired before the marriage and you kept it separate during the marriage.

If you reside in an equitable distribution state, the court will divide property fairly between the spouses. This doesn’t necessarily mean a 50/50 split. The court categorizes property as either marital or separate before awarding portions to either spouse. You need to prove ownership of a separate property with receipts or any other admissible evidence.

Property division is a critical and often divisive process during a divorce. Some properties, such as marital homes, businesses, and retirement accounts, require special treatment during a divorce. Below are some things you should know if you are divorcing and have retirement benefits in New Mexico.

Community Property Laws Apply

The first thing to note is that New Mexico follows community property laws. In a community property state, assets you acquire before the marriage are separate property. Assets you acquire during your marriage are community property. If you divorce, you divide the community properties, and each person keeps their separate property.
Retirement benefits are subject to property division laws. Thus, you will divide the benefits you accrued during the marriage and keep the ones you accrued before the marriage.

Adopting a child or sibling set is a significant decision that will change your family’s lives forever, as well as the life of your new child. If you’re thinking about adopting from your own country — in this case, the US — you have a lot of steps to go through, but the result can be a marvelous reward. Today, let’s take a look at some of the decisions you’ll have to make in the process of adopting a child.

Newborn or Older Child Adoption

One of the first choices you’ll face as a prospective adoptive parent is whether you want to look for a newborn or adopt an older child. Each choice comes with a unique set of joys and potential challenges. Your adoptive son or daughter will likely experience emotional turmoil when they understand the circumstances of their adoption, so you will have to prepare for difficult conversations when they’re old enough.

If you can’t resolve your divorce issues with your spouse, then the judge will resolve them for you. Such a contested divorce shouldn’t be your first option — there are better ways to divorce. Below are some tips to help you avoid a contested divorce.

Understand the Repercussions

The first tip is to understand the cons of a contested divorce. The understanding may motivate you to avoid a contest. For example, you should understand that a contest is likely to:

Ending a marriage is nearly always a difficult time. Unfortunately, the process of getting a legal divorce can make things even more challenging. If you dread the thought (or expense) of hashing out your divorce in a courtroom, mediation may be the answer you need.

What is mediation and who can benefit the most from it? How can you prepare for mediation? And how can you decide if it’s right for you? Here are a few important answers.

What Is Divorce Mediation?

Do you need to set up a visitation schedule for your children? If you can’t agree on a visitation schedule, the court will have to step in and create one. Below are some of the factors the court will use to create the schedule.

The Child’s Age

The child’s age matters for two main reasons. First, some parents exclusively breastfeed their babies during the first few months after delivery. If the mother has elected exclusive breastfeeding, then the other parent cannot stay with the child for too long. In such a case, the visiting schedule must not interfere with the infant’s feeding habits.

Secondly, courts may consider the opinion of older children to determine a reasonable visitation schedule.

During a divorce case, the two spouses will typically break down assets and debts and split them evenly between the two. Things get a little more complicated when alimony and child support are involved.

Learn about the differences between alimony and child support. See how the two intertwine with each other and how to seek out the payment agreement for the options available. Once you have a clear understanding of the two, you will have the skills to communicate with your lawyer and understand the process much easier.

What Is Alimony?
Also known as spousal support, alimony is the payments made to a former spouse to support the same lifestyle and living conditions once shared before as a couple. Alimony is often a request made by the person who did not work or made less as part of the couple.

Have you or your former spouse filed a child custody and visitation case? No doubt that you have queries about the hearing process. You could even be worried about what awaits you ahead. Below, you’ll find answers to some of the questions you have. Hopefully, this information will help you get prepared and put your mind at ease.

Are Judges More Likely to Grant Primary Legal Custody to the Moms Than Dads?

No. Under the code of conduct for US judges, judges are required to perform their duties without bias. Gender stereotypes won’t influence the jury’s final decision.

Jail time, probation, community service, and fines are all punishments for crimes, which deters most people from breaking the law. However, in cases with repetitive problems, and one way to prevent future crimes is with orders to protect victims. If you would like to know more, keep reading to learn more about restraining, protective, and no-contact orders.

1. Restraining Order

A restraining order is designed to protect a potential victim. For this reason, they can be issued even before a crime has been committed. In most cases, they are not usually used for abusive situations, but they can deter future abusive situations if the restraining order is taken seriously

People generally don’t consider divorce lightly. However, once the thought of divorce even pops up in people’s heads, they’re generally in a high-stress mindset within their marriage. Clarity of thought is hard to come by at that stage.

If you’re in that situation, a selection of empowering questions may help you get that clarity. Empowering questions are those that provoke thought and help a person look for answers rather than make emotional reactions. Keep reading for a selection of empowering questions to ask as you consider divorce.