As those of us who have been through a family law dispute are well aware, life does not always go as planned. Figuring out a path forward is not as simple as it seems when your future hangs in the balance. Following your gut and taking that critical left turn at Albuquerque is important — as Bugs Bunny can attest — but so is having a reliable guide who can counsel you when you find yourself in unexpected and uncomfortable situations.
Attorney Bob Matteucci of Matteucci Family Law can help you navigate the twists and turns of the New Mexico family law system. Rather than letting a divorce or other family law dispute rip apart your family, destroy your business, or ruin your finances, Bob will make sure you understand all your options and can make the best decisions for your future.
Divorce in New Mexico
One way or another, divorce results in the legal termination of a marriage, but the various means through which that end is achieved may have different consequences, so you have to decide which method is likely to work best in your particular situation. Possible types of divorce in New Mexico include:
- Uncontested divorce — in which the spouses agree on almost all issues
- Traditional divorce — which is the most popular type of divorce
- Mediation — in which a neutral third party family law attorney helps the couple negotiate with one another
- Collaborative divorce — in which each spouse has an attorney to represent them during negotiations
Division of Assets & Debts
As a community property state, New Mexico assumes that any asset acquired during a marriage or debt incurred by a couple is owned equally by both spouses. The courts will generally not approve a divorce unless all these jointly-owned assets and debts are accounted for in the settlement agreement.
This may sound simple, but it is often the most challenging aspect of a divorce. Most couples in the Albuquerque area own assets that they would prefer not to divide up even though its value may need to be shared between the two parties. Selling a piece of real estate — like the family home — and splitting the proceeds may be the simplest way to divide things up on paper, but that does not mean it is the best way. There is value in keeping the home and not having to relocate the kids to a new school district or move away from family, friends, and neighbors since the price of homes in many desirable neighborhoods has skyrocketed in recent years.
Attorney Bob Matteucci has the experience necessary to help you navigate the financial and emotional minefield of marital asset and debt division. He is a divorcee who knows the ins and outs of New Mexico’s community property laws, and he is not afraid to use his MBA and past business experience to help him make the argument that a typical 50/50 split is not appropriate.
Child Custody & Support
Every parent wants what is best for their children, which is why negotiating a child custody agreement, or modifying an existing one, is the most important and difficult issue handled by family law attorneys.
In New Mexico, family court judges are inclined to assign joint legal custody, effectively providing both parents with decision-making rights. This ensures that each parent has a voice in vital decisions concerning education, extra-curricular activities, religious matters, holidays, and interactions with extended family members, regardless of which parent has primary physical custody.
Every family is distinct, so no two child custody agreements are exactly alike. The ultimate objective is to negotiate an agreement that optimizes the quality time each parent can share with their children, while acknowledging that a 50/50 split may not be in a child’s best interest.
Once a child custody arrangement is nailed down, it is time to discuss child support payments. New Mexico has an algorithm that governs how child support is decided in most cases.
When possible, Attorney Matteucci works with families to negotiate a child custody agreement and a child support plan that compliments it without heading to court. As long as it is reasonable, the judge will typically okay it. This saves time and heartache, and can help show your kids they are not the reason you are fighting.
Alimony & Spousal Support
Spousal support, also known as alimony, is money paid by one ex-spouse to the other to help them maintain their standard of living after a divorce. It is not paid in every divorce, but it is something that all divorcing couples must consider. Attorney Bob Matteucci has helped many couples in the Albuquerque area negotiate spousal support agreements that are fair and equitable in their specific circumstances.
Legal Separation
The following reasons may lead an occasional couple to consider legal separation rather than divorce:
- Practical considerations, such as maintaining medical benefits
- Religious beliefs
- Spouses who are not yet ready to declare the marriage irrevocably broken
If you and your spouse fit into one of these categories, Matteucci Family Law can help you. Bob will discuss the way separation agreements work and assist you in working out financial, child custody, and support issues. You should note, however, that he will also make you aware that separation can be an expensive proposition if the couple later decides to divorce and so has to go through the process with all of its attendant costs (time, expense, emotional distress) twice. In New Mexico, formal legal separation is usually not a good option.
Domestic Abuse
Though we would all like to feel that domestic abuse occurs in other people’s relationships, the dark reality is that domestic violence is all too common. Bob Matteucci understands the terrible consequences of domestic abuse and will work with you to protect your family.
He will not only negotiate to protect your rights and the rights of your child; he will also assist you by connecting you with community resources to will help the family address domestic abuse.
Bob is also aware that some accusations of domestic abuse are manufactured out of whole cloth during vengeful attacks when a couple is feuding. Therefore, he will not make automatic assumptions, but will always listen carefully to what you have to say.
Unfortunately, many domestic abuse cases go to Court. Bob is skilled in presenting the cases effectively in front of the domestic abuse hearing officers.
Serving Families in Albuquerque with Dignity & Compassion
When you find yourself at a crossroads in your life, Attorney Bob Matteucci is ready to help you find a path forward. Like the Spanish settlers who mapped out El Camino Real, or the railroad barons who built the BNSF, he can help you look beyond this challenging time in your life and plan for the future.
Attorney Matteucci is ready to discuss your priorities and pain points with you and counsel you as you navigate New Mexico’s family court system. Contact him today to start moving forward.