Albuquerque Divorce Attorney
Standing Up for Our Client’s Rights to a Fair Divorce
Not all marriages are the same. At The Lawyers O’Reilly PC, we are here to help people escape from unhappy marriages as quickly and painlessly as possible. Our Albuquerque divorce attorney Brendan O’Reilly and his legal team are well versed in all areas of the dissolution of marriages in New Mexico and can help walk you through the necessary procedures with ease. We stand ready to fight for you and the wellbeing of your children using our extensive legal knowledge and experience on your behalf.
We can handle all legal aspects of your divorce, including:
- Child custody
- Alimony (spousal support)
- Parenting plans
- Property division
- Legal separation
- And more
We are a different kind of law firm, and we get that divorce is far from enjoyable. Our legal team understands the emotional turmoil, financial hardship, and other challenges associated with divorce and we are here to provide compassionate, honest, and easy to understand legal counsel as well as other assistance we’re capable of providing during this tough time. We offer a free 30-minute consultation to all prospective personal injury clients. And for other matters, we charge $275 plus tax for a one-hour consultation and we'll credit that back to you if you retain Brendan as your lawyer. So please reach out to us to discuss your situation and learn how we can help.
National Divorce Statistics
You may have heard that half of all marriages end in divorce. Divorce is a major part of many Americans' lives.
The latest national divorce statistics includes the following trends:
- According to the United States Census Bureau, divorce rates have dropped from 10.5 divorces for every 1,000 married women in 2008 to a rate of 7.7 in 2018.
- The Census also reports that New Mexico’s divorce rate in 2018 was 6.6, slightly lower than the national average.
- Even though divorce rates are going down, Time Magazine reports that about 39% of U.S. marriages still end in divorce.
- One of every six custodial parents is the father, meaning most children reside with their mothers after a divorce, according to Business Insider.
- Less than half of parents who have child support agreements actually receive the full amount of support they're entitled to.
New Mexico Divorce Laws
Under New Mexico state law, divorce is officially referred to as the “dissolution of marriage.” To file for a dissolution of marriage, at least one member of the couple must have resided in New Mexico for at least six months.
In order to file for divorce, you must have a reason, or “grounds.” Grounds for divorce in New Mexico include:
- Abandonment: Also called “desertion.” This means that one spouse has abandoned the other.
- Adultery: If one partner is unfaithful, their partner can file on grounds of adultery.
- Cruelty and inhuman treatment: This includes emotional abuse and domestic violence.
- Incompatibility: The parties no longer get along and have chosen to end the marriage.
New Mexico is a “community property” state, meaning that any property and debts shared between a married couple must be split equally between them if they divorce. However, you do have the option to work with your spouse to agree on how you’d prefer to divide your assets instead. If you and your spouse cannot come to an agreement, the court will decide on your behalf.
New Mexico Divorce Laws: Abandonment
In instances in which the grounds for divorce is abandonment, you will need to prove that you were abandoned by your spouse for a specific period of time. You may also have to prove that your spouse refused to communicate with you and that there was no clear justification for your spouse leaving. It may also be necessary to show that your spouse left with the intent to end the marriage.
New Mexico Divorce Waiting Period
After serving divorce papers to your spouse, there is a 30-day waiting period after which the divorce judgment can be finalized. However, if a marriage is particularly acrimonious or you can’t locate your spouse, it may take even longer. We will be at your side no matter how complicated or contentious your divorce.
Call Brendan When Your Marriage Is Endin’
Look, we know how much divorce sucks. And that the last thing you probably want to do right now on top of everything else you’re stressed about is deal with things like legal paperwork and divorce court. Dealing with the law even when you’re not going through a divorce is rarely pleasant or exciting—trust us, this is how we make a living.
It is for this reason that we are so passionate about helping others through the toughest times in their lives. And why we do so with a smile. Because we don’t want to bog you down with complicated legalese and procedures when you’re already suffering. You have a lot on your plate and our job is to ensure that you make it through your divorce with your wellbeing and sanity intact.
Whether you and your spouse are amicable and the divorce process is relatively straightforward, or you are looking to get out of a turbulent and unhappy marriage, we are here for you. Whether you have been married for two years or 20, we have your back. Whatever the case, don’t hesitate to reach out if you need legal help.