Attorney
Difficult times are often the crucible where enduring relationships are forged, but there are some trials that even the strongest partnerships cannot survive. Incarceration is one of them.
Whether you or your spouse is the one who is spending time in a New Mexico Corrections facility, Attorney Bob Matteucci can help you take the steps needed to get a divorce and move forward with your life.
Few Couples Survive Incarceration
You pledged to love your partner for as long as you both shall live, but that does not mean you must remain legally bound to someone who is serving a jail or prison sentence or someone who is enjoying their freedom while you serve time. It is incredibly common for couples who are separated by the criminal justice system to get divorced.
According to a 2014 study from FSU’s College of Criminology & Criminal Justice, incarceration during marriage increases the likelihood of divorce. And the longer an inmate is incarcerated, the more likely their marriage is to fail.
An investigation by the New York Times estimates that 80% of marriages break up between a married man’s arrest and the end of his first year in prison, while that the divorce rate for female inmates is closer to 100%.
If you are contemplating divorce, you are not alone.
Is Incarceration Grounds for Divorce in New Mexico?
In the past, New Mexico residents who wanted to file for divorce had to prove to the court that their marriage had failed because their partner wronged them. The person seeking a divorce had to present evidence proving their partner had treated them cruelly, committed adultery, or abandoned them if they wanted to split up. Incarceration was often used as evidence in these cases.
Today, New Mexico only allows residents to file for no-fault divorce. You simply inform the court you and your former partner are incompatible and want to separate. In the eyes of the State of New Mexico, it is irrelevant that you or your partner are incarcerated. All the family court considers is the fact that one or both of you want a divorce.
Incarceration’s Impact on Child Custody & Child Support
While incarceration is not considered when the courts are deciding whether or not you can get divorced, it does factor in if you and your soon-to-be-former partner have minor children.
You obviously cannot share physical custody of your children while you are serving out your sentence. However, some judges will still grant joint legal custody to a parent who is serving time. This means both parents must consult with one another when making decisions regarding their child’s religion, education, child care, recreational activities, and medical and dental care.
It is also important to note that child support payments are not impacted by incarceration. Payments are still due, and incarceration is not a change in circumstances the state recognizes as a valid reason to modify payments.
Serving Families with Dignity & Compassion
Divorce is a difficult experience for anyone, but when it occurs during one partner’s incarceration, the emotional toll is profoundly intensified. That’s why working with a seasoned family law attorney like Bob Matteucci is important.
Bob will help protect your interests as you navigate the legal process, and ensure you are on the best possible footing for your post-divorce life. Contact Bob today to schedule a meeting and discuss your case.