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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 42909
Experience:  30 years as a family law lawyer .
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My husband left to work in CA in April 2016 but it was to

Customer Question

Hello..... my husband left to work in CA in April 2016 but it was to "work" and have an ongoing affair for over a year (physically 7 months and on the phone (Min of 6 hrs a day) 6+ months prior. He came back to NM but only lived in the marital home for 1 months and hasn't lived here since. What rights do i have? I have a son that just started college and do not want to have to move but he says he is coming hm now matter what I say bc the home is his also.
Submitted: 1 month ago.
Category: Family Law
Expert:  RayAnswers replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Customer: replied 1 month ago.
No problem
Expert:  RayAnswers replied 1 month ago.

You can file for divorce and spousal support.If the house was his prior to marriage you are a month to month tenant and you have right to 30 days notice and then he has to file to evict you.You are entitled to spousal support and division of marital asset during the marriage.

To obtain a divorce in New Mexico, you or your spouse must have lived in New Mexico for the last six months. To begin a divorce, you must first file a petition and other papers in the district court in the county where you live or where your spouse lives. The divorce is not final until the judge signs the Final Decree of Dissolution of Marriage.

It is not necessary that both person agree to end the relationship. One spouse cannot make the other stay in a relationship.

Community Property. New Mexico is a community property state. This means that any property that belongs to the marriage must be split equally between the spouses when they divorce. ... In a marital settlement agreement, the spouses tell the court how they want their property divided.

New Mexico Divorce: Dividing Property | DivorceNet

I appreciate the chance to help you , sorry you are having to deal with this.

If you can positive rate 5 stars it is much appreciated, let me know if you have more.

Expert:  RayAnswers replied 1 month ago.

Lawyer referral here

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Customer: replied 1 month ago.
OK so we moved here in 2012 and purchased the home together. We also got married in 2012. I wouldn't be entitled to spousal support for 5.5 years of marriage right? Also, does it not matter that he hasn't lived here for 105 years then?
Expert:  RayAnswers replied 1 month ago.

You would be entitled to spousal support and fair division of the house if you are on the title and its community proeprty.You can be awarded possession of the house while divorce is pending.Doesn't matter here if he hasn't lived there.

Customer: replied 1 month ago.
How is spousal support determined and for how long?
Expert:  RayAnswers replied 1 month ago.

Half length of marriage as ball park.

In New Mexico, there are several different types of alimony,including:

  • Long Term. Longterm alimony provides on-going payments and is generally awarded in marriagesof at least 20 years. The prefersparties to become self-sufficient, so it is not easily inclined to award longterm support.
  • Transitional. The court orders transitionalalimony to get the supported spouse through the difficult transition frommarried life to single life. The courtmay award temporary alimony during the divorce process but rarely orders it tocontinue longer than 24 months after the divorce is finalized.
  • Rehabilitative. Rehabilitativealimony provides a spouse with money to go back to school or get training tobecome self-supporting. When the court orders rehabilitative support, it may alsoinclude a rehabilitation plan and it may require the spouseto adhere to the plan in order to continue to receive support.

AlimonyIncreases or Decreases

Either spouse can request the court to increase or decrease alimony,unless their final divorce decree prohibits modifications. If the spousereceiving alimony demonstrates to the court that the amount of alimony is inadequate,or if the spouse paying alimony demonstrates to the court that circumstanceshave changed, the court may modify the alimony award. The court mayconsider job loss, illness, disability, or other financial circumstances when makinga modification to the alimony award. If either spouse dies or if thespouse receiving support remarries, the alimony terminates unless the spouses havemade other arrangements

Factorsthe Court Looks at in Making Calculations

The court will consider the following factors when awardingalimony in New Mexico:

  • age, health of and the means of support
  • current earnings and earning capacity
  • efforts to maintain employment orbecome self-supporting
  • the standard of living during the termof the marriage
  • medical and life insurance
  • length of the marriage
  • property awarded though the divorceprocess
  • assets and liabilities, and
  • agreements between the spouses incontemplation of divorce.
Customer: replied 1 month ago.
Can you contest and not get divorced?
Customer: replied 1 month ago.
Bc that's what he says he is going to do
Expert:  RayAnswers replied 1 month ago.

No anybody can get a divorce and you cannot be stopped here.You can do this whether he agrees or not.