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Divorce

If you are contemplating getting a divorce, or have been served with divorce papers, we understand that this is a very traumatic and difficult time in your life.  The attorneys at Jones Witt and Ragsdale have the experience and knowledge to guide you through this difficult time. 

 

If going through a divorce, you need to know your rights regarding custody of your children, how much child support should be paid, and division of your property and debts. 

 

Divorce FAQ

 

DIVORCE, CUSTODY, CHILD SUPPORT

 

What is Community Property?

Community property is all property acquired during marriage which is not separate property, including the personal income of each spouse.

 

What is Separate Property?
Separate property is generally defined as the property of a spouse which was acquired before marriage by gift, inheritance or personal injury lawsuit for bodily injury.

 

What are my rights as a parent during the divorce process?
During the divorce process, each parent is entitled to have visitation with your children.  If the children are living in your home, you are entitled to have child support paid to you during the divorce process.

 

How is child support calculated?
Child support is calculated according to the New Mexico Child Support Guidelines.  Your child support will be based on your average monthly income, your spouse’s average monthly income, and the number of children involved. 

 

What if my spouse cheated on me, beat me up, was cruel to me, etc.?
Divorces in New Mexico are granted on a “no fault” basis.  No fault means that the reason for the divorce does not affect the division of property.

 

How much property can I or my spouse get?
New Mexico is a community property state.  This means that the community property will be divided fair and equitably with the amount of assets and debts taken into consideration.  In most cases, the property and debts are roughly divided 50/50.  In others, they are not.  Every case is different.

 

How long will a divorce take?
Because every case is different, every divorce takes a varied amount of time.  The spouses’ personalities, their ability to work together, the amount of assets and debts and their willingness to co-parent the children are all factors in determining how long a divorce will take.

 

How much does a divorce cost?
At Jones Witt & Ragsdale our hourly rate is $175.00 per hour.  Depending on the complexity of the divorce and the length of time which we believe the divorce will take will determine how much your divorce will cost.  We do have a $100 initial consultation fee and we do require our clients to pay a retainer up front.  The retainer amount will be based on the complexity of the case.
If you would like to set up an appointment to discuss questions you have regarding your divorce, custody or child support issues, please contact Luke Ragsdale at 575-622-6722 or you can send an email to luke@ragsdalelawfirm.com.

 

Adoption

Thank you for your interest in adoption.  For those seeking to adopt a child, the attorneys at Jones Witt & Ragsdale are experienced and available to discuss with you the many aspects of this procedure for welcoming a child into your family.  Whether you or considering a private adoption, an agency adoption or stepparent adoption, we are here to serve your needs and look forward to working with you in one of the most miraculous areas of law.